Burger v. Long Island Rail Road , 21 N.Y.2d 716 ( 1967 )

Motion to dismiss appeal in action No. 1 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from is not final within the meaning of the Constitution.

Motion to dismiss appeal in action No. 2 granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that, since there has been a severance of the action, no appeal lies to the Court of Appeals as of right.