Majority
p. 894In the Matter of the Arbitration between Elta Industries, Inc., Respondent, and Pilot Pen Company, Ltd., Appellant. Submitted December 3, 1973; decided December 27, 1973.
p. 895
Alfred P. O’Hara and Frederick A. Nicoll for motion.
L. Peter Parcher opposed.
Motion granted and appeal dismissed, with costs' and $10 costs a of motion, upon the ground that appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd. V [a], par. [iii])„