Opinion
Submitted November 21, 1928
Decided December 7, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
David W. Kahn for appellant.
Russell H. Kittel for respondent.
Appeal dismissed, with costs, on the ground that it has not been taken from a final judgment in an action or from a final order in a special proceeding; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.