Majority
p. 968Henry A. Fricke, Respondent, v. Thomas H. Ochse, as Executor of Frederick W. Sullau, Deceased, Appellant, and Max M. Hersh, Respondent.
Judgment unanimously affirmed, with costs to the plaintiff-respondent. The appeal taken from the decision is dismissed, without costs on the ground that no appeal lies from said decision. No opinion. Concur — Botein, P. J., Breitel, Valente, Stevens and Bastow, JJ.