Opinion
Argued May 23, 1940
Decided June 11, 1940
Appeal from the Supreme Court, Appellate Division, First Department, McCOOK, J.
Russell C. MacFall for appellant.
Samuel F. Frank and Paul Moskowitz for respondent.
Appeal dismissed, with costs, on the ground that no order finally determining the special proceeding has been made. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.