Majority
p. 459Julius V. Cremonin, Doing Business under the Name of J. V. Cremonin & Company, Appellant, v. Sami A. Wahhab, Defendant, and Resamny Bros., Third-Party Respondent. Submitted July 19, 1949; decided October 6, 1949.
p. 460
Irving Benimowits for motion.
Nathan Shapiro opposed.
Motion for a stay dismissed, with $10 costs. Appeal taken as of right dismissed, without costs, upon the' ground that the order does not finally determine a special proceeding' within the meaning of the Constitution. (See Morris Plan Ind. Bank of N. Y. v. Gunning, 295 N. Y. 640 ; Civ. Prac. Act, § 592, subd. 5, par. b, cl. [i].)
Cases cited
- Morris Plan Industrial Bank v. Gunning 295 N. Y. 640 p. 460