
    Joseph Cerullo, Appellant, v. John J. Cerullo et al., Respondents.
    Submitted February 20, 1973;
    decided March 15, 1973.
    
      Frank A. Aloi and Richard A. Goetz for motion.
    
      Francis J. Offermann, Jr. opposed.
   Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the. Constitution (N. Y. Const., art. VI, § 3, par. b; CPLR 5601). Although the Appellate Division stated that plaintiff could not maintain this action and denied summary judgment in his favor, it did not direct summary judgment in favor of defendants.  