Swimmer v. Silverman

Appeal from order denying motion for summary judgment dismissed, without costs. The order is not appealable. (Mun. Ct. Code, § 154, as amd. by Laws of 1925, chap. 637.) Pinchot v. Roskam, (123 Misc. 253) and State Realty Co. v. Post (Id. 925), the cases cited by appellants, do not hold to the contrary. Those cases were in the City Court of the City of New York and the section of the Municipal Court Code, above cited, was not applicable.

Present — Cropsey, MacCrate and Lewis, JJ.