Schumer v. Kohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by David Schumer against Nathan ICohn and others. From an interlocutory judgment overruling his demurrer to the amended complaint, defendant appeals.
1Opinion of the CourtMacLEAN, J.
The defendant Pototzky appeals from an interlocutory judgment overruling his demurrer to the amended complaint herein. While an appeal" from an order upon a demurrer may not be taken, “the proper practice is to enter an order overruling the demurrer, this to be followed by the entry of an interlocutory judgment, from which an appeal would be.” Binder v. Robinson (April Term, 1908) 110 N. Y. Supp. 229.
The judgment herein must be affirmed, as the Municipal Court has jurisdiction to foreclose a mechanic’s lien, limited, it is true, and different from that which prevails in a court of record…
2Cases cited3 opinions
- Drall v. GordonAppellate Terms of the Supreme Court of New York · 1906
- Binder v. RobinsonAppellate Terms of the Supreme Court of New York · 1908
- Eadie v. WaldronAppellate Division of the Supreme Court of the State of New York · 1901