Opinion
Argued April 18, 1969
Decided May 15, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD S. CONWAY, J.
Arthur E. McCormick for appellant-respondent.
Harry S. Christenson for respondent-appellant.
Order, insofar as it modified the order of Special Term by granting partial summary judgment to plaintiff, affirmed, with costs to respondent-appellant. Appeals from so much of the Appellate Division order as affirmed the order of Special Term dismissed, without costs, upon the ground that the order in this respect does not finally determine any part of the action within the meaning of the Constitution. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.