Majority
p. 579Florence Ferrentino et al., Appellants, v. Farragut Gardens No. 5, Inc., Respondent, et al., Defendant. Submitted January 18, 1971; decided January 21, 1971.
p. 580
I. Sidney Worthman for motion.
Robert Wilson opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Moreover, said order involves a question of discretion of the type not reviewable by the Court of Appeals (Pellerin v. Groveville Corp., 27 N Y 2d 590 ).