Opinion
Argued January 15, 1963
Decided January 23, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK A. GULOTTA, J.
Michael J. Halpern for appellant.
Samuel L. Meltz for respondent.
Appeal dismissed, without costs, upon the ground that the judgment appealed from does not necessarily affect the final judgment in this action. Where a motion is made for counsel fees within an action, the determination of that motion lacks finality ( Weinstein v. Behn, 298 N.Y. 506; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd. [e]; § 39).