Anchin, Block & Anchin v. Pennsylvania Coal & Coke Corp.
Anchin, Block & Anchin v. Pennsylvania Coal and Coke Corporation
Opinion of the Court
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On appeal from judgment: Judgment affirmed, with costs. On appeal from order: Appeal dismissed, upon the ground that the Civil Practice Act (§ 588, subd. 3) does not authorize an appeal to this court by a party in whose favor the Appellate *987 Division has reversed a judgment and granted a new trial. (See Gibbons v. Schwartz, 288 N. Y. 612 ; Lee v. Gander, 271 N. Y. 568 ; see, also, Cohen and Karger, Powers of the New York Court of Appeals [1952], pp. 281-282.) No opinion.
Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.
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