Terwilliger v. . Browning, King Co.
New York Court of Appeals
Motion to dismiss an appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 17, 1912, which reversed an order of Special Term granting a motion for judgment in favor of plaintiff on the pleadings.
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Motion to dismiss an appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 17, 1912, which reversed an order of Special Term granting a motion for judgment in favor of plaintiff on the pleadings. The motion was made upon the grounds that the order granting leave to appeal and certifying a question which ought to be reviewed by the Court of Appeals was not granted at the term which rendered the determination from which the appeal is taken or at the next term after the order upon such determination was entered.
1Opinion of the CourtChase, J.
The plaintiff obtained at the Special Term an order for judgment upon the pleadings after a demurrer to the complaint, from which order an appeal was taken to the Appellate Division, where it was reversed and the motion denied. The determination of the appeal to the Appellate Division was rendered at the September term in 1912 and the order was entered October 17. There is a dispute whether the defendant served a copy of the order of the Appellate Division, with notice of entry, upon the plaintiff on October 18, or not until the last of December. No order allowing the appeal was made by the…
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