Opinion
January 29, 1960
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, CHARLES GOLD, J.
Spar, Schlem Burroughs ( Martin A. Burroughs of counsel), for appellant.
George J. Conway and Conrad P. Sheehan for respondent.
Order, insofar as it denies plaintiff's motion for summary judgment, affirmed, with $10 costs. Appeal from order, insofar as it grants defendant's cross motion for summary judgment, dismissed, without costs. No appeal lies from an order granting summary judgment. (N.Y. City Mun. Ct. Code, § 154.) However, we have considered the merits and if the said appeal were properly before us we would affirm. No opinion.
Concur — HART, DI GIOVANNA and BROWN, JJ.
Order affirmed, etc.