Binder v. Robinson
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an interlocutory judgment, rendered in favor of the plaintiff in the Municipal Court of the city of blew York, second district, borough of Manhattan.
1Per curiam
The defendant appeals from what he states in the notice of appeal as being “ the interlocutory judgment of this court overruling the defendant’s demurrer to the complaint.” There is no such judgment in the record. The summons is indorsed as follows: “ Demurrer overruled with leave to plead over, answer to be filed on or before Feb. 26 * ** and this is signed by the justice. This is far from being a judgment. An indorsement upon a summons in a Municipal Court action may be sufficient under Rule 3 of the Rules of Practice of the Municipal Court as evidencing a decision by the justice making it,…
2Cited by6 opinions
- McManus v. McManusAppellate Terms of the Supreme Court of New York · 1914
- Siegel v. CantwellAppellate Terms of the Supreme Court of New York · 1912
- Newman v. Waterman Bldg. Co.Appellate Terms of the Supreme Court of New York · 1911
- Schumer v. KohnAppellate Terms of the Supreme Court of New York · 1908
- Watson v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1909
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