Vogel v. Asgrow Mandeville Co.

Appeal dismissed, withouts costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Clark v Ancorp Nat. Servs., 46 NY2d 710, 940; Heller v Hirschfeld, 44 NY2d 641, 732; United Ind. Corp. v Shreiber, 39 NY2d 1015; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd [c]).