Opinion
Argued January 6, 1949
Decided February 24, 1949
Appeal from the Supreme Court, Appellate Division, First Department, CORCORAN, J., NULL, J.
John P. McGrath, Corporation Counsel ( Robert E. Hugh and Seymour B. Quel of counsel), for appellants.
George Langberg, Nathan Ringel and Manuel A. Ytuarte for respondent.
In the absence of an order by the Appellate Division or by this court granting the appellants leave to appeal, we may not review the order of the Appellate Division dated June 14, 1948, which affirmed unanimously the order of Special Term where — in accord with the direction contained in the prior intermediate order of the Appellate Division dated June 24, 1947 — certain issues of fact were tried and determined. (Civ. Prac. Act, § 588, subd. 2; § 589, subd. 2, cls. [a], [b].)
The appeal should be dismissed with costs.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.
Appeal dismissed.