Maeder v. Wexler
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of FTew York at Special Term, denying the defendant’s motion to vacate a judgment.
1Opinion of the CourtGiegerich, J.
The judgment attacked was entered against the defendant after his demurrer to a reply to a separate defense had been overruled, the facts in the case being more fully stated in the opinion herewith handed down on the appeal from the judgment. The g-round of irregularity specified in the notice of motion is that the judgment is a final *20one and could not properly be entered until all the issues in the case had been determined. The judgment, omitting the recitals, is as follows: “ It is ordered, adjudged and decreed that the demurrer to said reply be and the same is hereby overruled^ and the…
2Cases cited3 opinions
- Adams v. WardNew York Supreme Court · 1881
- Brassington v. RohrsNew York Court of Common Pleas · 1893
- Bernheimer v. HartmayerNew York Supreme Court · 1901
3Cited by2 opinions
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bigelow v. DrummondAppellate Division of the Supreme Court of the State of New York · 1905