Liberty Mutual Insurance v. Mart

The defendant’s motion to dismiss the complaint in an action brought in the Municipal Court was granted in that court. Thereupon the plaintiff made several fruitless efforts to appeal to the Appellate Term from this determination. The first appeal was dismissed because the order appealed from was not an appealable order and plaintiff had not obtained the necessary leave to appeal. Subsequent applications for leave to appeal were frustrated because a proper judgment had not been entered upon the order dismissing the complaint. The defendant, after the first appeal had been dismissed, entered *669a…