
    Joseph T. Stynes, Respondent, v. Seymour J. Schlesinger et al., Appellants.
    Supreme Court, Appellate Term, Second Department,
    January 20, 1960.
    
      
      Lewis M. Batkin for appellants. No one appearing for respondent.
   Per Curiam.

Appeal from order denying defendants’ motion to dismiss the complaint upon the ground that the dismissal of a prior action constituted res judicata, dismissed, without costs. The order is not appealable (Nassau County District Court Act, § 190). Respondent neither appeared nor filed a brief. No opinion.

Concur — Hart, Di Giovanna and Brown, JJ.

Appeal dismissed, etc.  