Rosenthal v. Gruenstein

No appeal lies from a judgment taken by default, and the appeal therefrom must therefore be dismissed. Brown v. Bouse, 43 Misc. Rep. 72, 86 N. Y. Supp. 240.

The record submitted shows that the court below properly exercised its discretion in denying the defendants’ motion to open the default, and the order is therefore affirmed.

Appeal from judgment dismissed, and order affirmed, with costs.