House v. Reimann — 37 N.Y.2d 797

Majority

p. 797

Florence House, as Administratrix with Limited Letters of the Estate of Paul D. House, Sr., Deceased, Appellant, v Ernest F. Reimann, Respondent.

Submitted September 2, 1975;

decided September 12, 1975

James M. Conboy for motion.

No one opposed.

Motion granted and appeal dismissed, with costs and $20 costs of motion, upon the ground that an appeal to the Court of Appeals does not lie from an order of the Appellate Division granting a new trial unless the appellant stipulates to

p. 798

judgajtfxt absolute in the event of an affirmance (CPLR 5601, subd^J).