Metzler v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Maurice W. Metzler and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 15th day of November, 1917, with notice of an intention to bring up for review an order entered in said clerk's office on the 22d day of October, 1917, directing a dismissal of the action, and also an order entered on the 8th day of November, 1917, denying their motion for a rehearing of…
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Appeal by the plaintiffs, Maurice W. Metzler and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 15th day of November, 1917, with notice of an intention to bring up for review an order entered in said clerk's office on the 22d day of October, 1917, directing a dismissal of the action, and also an order entered on the 8th day of November, 1917, denying their motion for a rehearing of defendant’s motion to dismiss for failure to prosecute, etc.
1Per curiam
1 If the judgment herein is not appealable because not rendered at a trial, according to section 1346 of the Code, nevertheless the orders upon which this judgment rests are appealable. The appeal was taken within the statutory time after the entry of such orders, and the notice of appeal is broad enough so that we can consider this appeal as being taken from such orders; and on the reversal of the orders the judgment necessarily falls. The failure of the plaintiffs to comply with the conditions of the order of July twenty-seventh was technical rather than substantial. One condition was that…
2Cited by2 opinions
- Clair Marcelle, Inc. v. Agfa Ansco Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Gouvakis v. 490 Tenth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1958