Opinion
Argued January 27, 1916
Decided February 4, 1916
Harford T. Marshall for appellant.
Theodore H. Lord and Lyman A. Spalding for respondent.
The appellant presents for our consideration a doubtful and serious question which we are unable to determine, for the reason that the form of the order does not enable us to assume jurisdiction. ( Caponigri v. Altieri, 164 N.Y. 476; Wright v. Smith, 209 N.Y. 249.)
The appeal must be dismissed, with costs.
WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO and POUND, JJ., concur.
Appeal dismissed.