Weiss v. Herman
12 N.Y.2d 879
NY
1962
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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).