Majority
p. 860Robert Hardy, Doing Business as Hardy Real Estate, Respondent, v. Primex Equities, Inc., et al., Defendants, and Max Steinberg et al., Appellants. Argued September 22, 1970; decided November 12, 1970.
p. 862
Copal Mintz for Max Steinberg, appellant.
Beryl Nusbaum for I. Gordon Realty Corporation, appellant.
Barry M. Shulman for respondent.
Order affirmed, with costs. Defendant Steinberg’s appeal from so much of the Appellate Division order as granted a new trial on the fourth cause of action dismissed upon the ground that the appeal does not lie absent a stipulation for judgment absolute (CPLR 5601, subd. [c]). No opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.