Shemin v. City of New York — 7 N.Y.2d 971

Majority

p. 971

William Shemin, Appellant, v. City of New York, Defendant, and Nicholas Di Menna & Sons, Inc., Respondent.

Argued January 18, 1960;

decided February 25, 1960.

Herbert L. Brickman, Sheldon Lowe and Joel B. Zweibel for appellant.

Paul Englander for respondent.

p. 972

Appeal as to the second cause of action dismissed. Although the only appealable paper is the judgment of the Appellate Division, the appeal was taken from that court’s order; the judgment was not entered until after service of the notice of appeal from the order and no further notice was thereafter filed.

As to the first and third causes of action, application to withdraw stipulation for judgment absolute granted and appeal dismissed.