Opinion
Argued February 16, 1972
Decided March 16, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DANIEL G. ALBERT, J.
Irving A. Cohn, James R. Frazer, pro se, and William Palitz for James R. Frazer and others, appellants.
Charles M. McCarty and George C. Wildermuth for respondent.
On defendants' direct appeal from the order of the Appellate Division of June 2, 1969: Appeal dismissed, without costs, upon the ground that the order is not final.
On defendants' appeal from the judgment of Supreme Court entered July 20, 1971 pursuant to CPLR 5601 (subd. [d]), which reviews only the prior nonfinal order of the Appellate Division of June 2, 1969: Judgment affirmed, with costs.
No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.