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Appellate Terms of the Supreme Court of New York, 1960

S. Melvin & Sons v. Indemnity Insurance Co. of North America

S. Melvin & Sons v. Indemnity Insurance Co. of North America
Appellate Terms of the Supreme Court of New York · Decided January 29, 1960
23 Misc. 2d 914; 206 N.Y.S.2d 237; 1960 N.Y. Misc. LEXIS 3698

Counsel

Spar, Sehlemé Burroughs (Martin A. Burroughs of counsel), for appellant. George J. Conway and Conrad P. Sheehan for respondent.

S. Melvin & Sons v. Indemnity Insurance Co. of North America

Opinion of the Court

Per Curiam.

Order, insofar as it denies plaintiff’s motion for summary judgment, affirmed, with $10 costs. Appeal from order, insofar as it grants defendant’s cross motion for summary judgment, dismissed, without costs. No appeal lies from an order granting summary judgment. (N. Y. City Mun. Ct. Code, § 154.) However, we have considered the merits and if the said appeal were properly before us we would affirm. No opinion.

Concur — Hart, Di Giovanna and Brown, JJ.

Order affirmed, etc.

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