Weiss v. Herman

Appeal dismissed, with costs, upon the ground that the order appealed from is one unanimously affirming an order of Special Term granting a new hearing from which an appeal lies only upon the filing of a stipulation for order absolute (N. Y. Const., art. VI, § 3, subd. b, par. [3]; Civ. Prac. Act, § 588, subd. 3) or by permission of the Court of Appeals (Civ. Prac. Act, § 589, subd. 2).