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24 ROCK CORP., Respondent, v. TOMASELLO BROS., INC., Defendant-Appellant and Third-Party Plaintiff-Appellant. COLONIAL BLUE DIAMOND MORTAR CORP., Third-Party Defendant-Respondent.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the determination sought to be reviewed involved a question of discretion of the type not reviewable by the Court of Appeals ( Los Angeles Inv. Securities Corp. v. Joslyn, 282 N.Y. 438, 442; Matter of City of New York [ Vernon Parkway], 285 N.Y. 326, 332).

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24 ROCK CORP. v. TOMASELLO BROS., INC
(Feb 29, 1968)