Appellate Terms of the Supreme Court of New York, 1928

Midtown Plottage Corp. v. Sullivan

Appellate Terms of the Supreme Court of New York · Decided February 16, 1928

131 Misc. 473; 227 N.Y.S. 357; 1928 N.Y. Misc. LEXIS 733

Counsel

Charles J. Herson, for the appellant., James I. Moore, for the respondent.

Opinion of the Court

Per Curiam.

Manifestly, in line with our decision in Godwin v. Hauer (N. Y. L. J. Feb. 8, 1924), where under the 1923 amendment to section 125 of the Municipal Court Code the attorney for the successful party refuses to prepare the judgment, the opposing attorney or the clerk, under direction of the court, may prepare the judgment.

*474As none of the orders appealed from are appealable as of course, and no permission to appeal appears in the papers, the appeals must be dismissed.

Appeals dismissed.

All concur; present, Delehanty, Lydon and Levy, JJ.

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