Noble v. . Kendall
New York Court of Appeals
Motion to dismiss an appeal from two orders of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1918, the first of which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer and the second of which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings and granted said motion.
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Motion to dismiss an appeal from two orders of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1918, the first of which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer and the second of which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings and granted said motion. Also appeal from the judgment entered June 15, 1918, upon said orders, dismissing the complaint.
1Per curiam
The motion to dismiss the appeal must be granted. The Appellate Division in reversing the action of the Special Term made two interlocutory orders, one sustaining defendant’s demurrer to the complaint, and the other granting defendant’s motion for judgment on the pleadings, and in each .case granted leave to the plaintiff to amend her complaint. The plaintiff having declined to avail herself of this privilege, final judgment was thereafter entered in the Supreme Court dismissing the complaint, with costs.
Under these circumstances the plaintiff could not appeal from the final judgment entered…
2Cases cited3 opinions
- Rose v. . BristolNew York Court of Appeals · 1917
- Will v. . BarnwellNew York Court of Appeals · 1910
- Stemmler v. . AlsdorfNew York Court of Appeals · 1918
3Cited by1 opinion
- Patrick v. MikolaitisMassachusetts District Court, Appellate Division · 1961