Tait v. Lattingtown Harbor Development Co.

Appeal dismissed, without costs, upon the ground that the judgment appealed from does not necessarily affect the final judgment in this action. Where a motion is made for counsel fees within an action, the determination of that motion lacks finality (Weinstein v. Behn, 298 N. Y. 506; Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd. [e]; § 39).