Tenney v. Liberty News Distributors, Inc. , 10 N.Y.2d 824 ( 1961 )

Motion dismissed upon the ground - that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act (Point Lookout Civic Assn. v. Town of Hempstead, 7 N Y 2d 751).