
    Anchin, Block & Anchin, Respondent, v. Pennsylvania Coal and Coke Corporation, Appellant.
    Argued April 20, 1955;
    decided June 2, 1955.
    
      
      Osmond K. Fraenkel, Harold Epstein and Seymour Heilbron for appellant.
    
      Edward Boss Aranow and Alfred Miller for respondent.
   On appeal from judgment: Judgment affirmed, with costs. On appeal from order: Appeal dismissed, upon the ground that the Civil Practice Act (§ 588, subd. 3) does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and granted a new trial. (See Gibbons v. Schwartz, 288 N. Y. 612; Lee v. Gander, 271 N. Y. 568; see, also, Cohen and Karger, Powers of the New York Court of Appeals [1952], pp. 281-282.) No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.  