Majority
p. 964Roseann Basil, Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Russ Realty Corporation, Third-Party Defendant-Appellant. Submitted February 23, 1960; decided February 25, 1960.
Emanuel Morgenbesser, Lester Samuels and Abraham Shapiro for motion.
Charles H. Tenney, Corporation Counsel (Seymour B. Quel and Robert L. Ellis of counsel), opposed.
p. 965
Motion dismissed, with $10 costs and necessary printing disbursements, upon the ground that the Court of Appeals lacks jurisdiction to entertain it (Civ. Prac. Act, § 589, subd. 1, par. [b]).