Vogt v. Estate of Wendover

Judgment insofar as appealed from unanimously affirmed, without costs of this appeal to any party. Memorandum: It may well be that the judgment is not appealable (cf. Murphy v. Spaulding, 46 N. Y. 556), but, in any event, we have passed upon the merits and conclude the judgment should be affirmed. (Appeal from certain parts of a judgment of Monroe Trial Term granting dismissal of the plaintiff’s complaint on the merits.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.