Appeal dismissed, without costs. There has been no prior trial in this case and, therefore, the order appealed from, directing a trial of the issues, cannot qualify as an order granting a new trial from which an appeal may be taken to this court upon a stipulation for judgment absolute. (N. V. Const., art. VT, § 3, subd. b, par. [3]; CPLR 5601, subd. [c]; see Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284.)