Majority
p. 674Crestwood Advertising, Inc., Respondent, v. Bagmaker Corporation et al., Appellants. Submitted September 11, 1972; decided September 28, 1972.
Jessel Rothman for motion.
Sanford Grossman and S. Sidney Heller opposed.
Motion dismissed, with $10 costs and necessary reproduction disbursements, upon the grounds that (1) defendants are not parties aggrieved by so much of the order of the Appellate Division as affirmed the judgment granted upon defendants’ default (CPLR 5511; see Norton & Siegel v. Nolan, 276 N. Y. 392 , 393); and (2) the order sought to be appealed from, insofar as it affirms an order denying the motion to vacate, does not finally determine the action within the meaning of the Constitution.
Cases cited
- Norton & Siegel, Inc. v. Nolan 276 N. Y. 392 at 393 p. 674