Appellate Division of the Supreme Court of New York, 1909

Watson v. Duryea

Appellate Division of the Supreme Court of New York · Decided June 4, 1909 · Burr

133 A.D. 233; 117 N.Y.S. 348; 1909 N.Y. App. Div. LEXIS 2143

Counsel

Robert W. Kisteller, for the appellant., Edward A. Alexander and Jerome H. Buck, for the respondent.

Opinion of the Court

Burr, J.:

This appeal should be dismissed. The Municipal Court Act does not seem in express words to authorize the entry of an interlocutory judgment upon demurrer. (Great Northern Moulding Co. v. Bonewur, No. 1,128 App. Div. 101.) In this case no interlocutory judgment was entered, as appears from the return. An appeal from the order will not lie. (Fink v. Standard Bread Co., 110 N. Y. Supp. 205; Smith v. Ely, 46 Misc. Rep. 458; Binder v. Robinson, 59 id. 155.)

The appeal must be dismissed, with costs.

Woodward, Jenks, Gaynor and Miller, JJ., concurred.

Appeal dismissed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.