Opinion
Argued February 24, 1953
Decided April 16, 1953
Appeal from the Supreme Court, Appellate Division, Second Department, HART, J.
Abraham M. Fisch and Sidney Schiffman for appellant-respondent.
John F.X. Finn and Alfred Giardino for respondent-appellant.
On appeal by plaintiff: Judgment affirmed. On appeal by defendant: Appeal dismissed upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.