American Lumber Co. v. Employers Mutual Fire Insurance

Plaintiff has appealed from an order granting defendant’s motion for summary judgment dismissing the complaint. Such order is not appealable without permission (N. Y. City Mun. Ct. Code, § 154; Tannen v. Spritzer, 190 Misc. 442). Appeal may, of course, be taken as of right from the judgment entered on said order (see Liberty Mut. Ins. Co. v. Mart, 284 App. Div. 668).

The appeal should be dismissed, with $10 costs.

Eder, Hecht and Aurelio, JJ., concur

Appeal dismissed, etc.