Opinion
April 15, 1957
In a proceeding to condemn real property, the Special Term granted in part and denied in part a motion to strike out certain defenses pleaded in the answer. The parties appeal from the order entered thereon. Appeals dismissed, without costs. The order is not appealable. ( Matter of Board of Transp. of N.Y., 272 N.Y. 52; Gilson v. Lambert, 282 App. Div. 1046; Matter of County of Nassau, 281 App. Div. 1032; Union Free School Dist. No. 10 of Town of Hempstead v. Baumgartner, 277 App. Div. 998, 1000; City of Corning v. Carr, 278 App. Div. 1018; New York State Elec. Gas Corp. v. Smith, 269 App. Div. 725.) Nolan, P.J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ., concur.