Appellate Division of the Supreme Court of New York, 1939

Stephansen v. County of Westchester

Stephansen v. County of Westchester
Appellate Division of the Supreme Court of New York · Decided July 7, 1939
257 A.D. 1050; 13 N.Y.S.2d 633; 1939 N.Y. App. Div. LEXIS 9039
Stephansen v. County of Westchester

Opinion of the Court

In an action to recover damages for personal injuries and for loss of services, defendants appeal from an order denying their motion to dismiss the amended complaint on the *1051ground that it fails to state facts sufficient to constitute a cause of action. Appeal dismissed, without costs, and without prejudice to a review of the order in question on an appeal from whatever judgment may be entered on the termination of the trial. The order appealed from was made upon a ruling on the trial and, therefore, is not appealable. (Brauer v. Oceanic Steam Navigation Co., 77 App. Div. 407; Stevens v. Naumburg, 214 id. 94; Jackman v. Hasbrouck, 168 id. 256; Water Right & Electrical Co. Inc., v. Rockland Light & Power Co., 245 id. 739.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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