Levitt v. Ford Motor Co. , 23 N.Y.2d 684 ( 1968 )

Motion [by defendant Hicksville Motors, Inc.] to dismiss the appeal granted and the appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination appealed from involves a pure question of discretion of the type not reviewable by the Court of Appeals (Leonard v. Metropolitan Opera Assn., 20 N Y 2d 764). [See, also, 22 N Y 2d 699.]