Breswick & Co. v. Greater New York Industries, Inc. , 1 A.D.2d 880 ( 1956 )

In view of the fact that petitioner failed to obtain leave to appeal from the intermediate order, pursuant to the provisions of section 1304 of the Civil Practice Act, the motion to dismiss the appeal is unanimously granted. Concur—Botein, J. P., Rabin, Cox and Frank, JJ.