Legal Opinion
Anderson v. City of New York
Appellate Terms of the Supreme Court of New York
Decided May 15, 1908Published
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Thomas Anderson against the city of New York. From an order of the Municipal Court, plaintiff appeals.
1Per curiam
This is an appeal from an order of the Municipal Court which directs “that the defendant is entitled to judgment sustaining the demurrer herein, with leave to plead over on- payment of $20 costs.” We can find no authority authorizing an appeal from such an order of the Municipal Court. Smith v. Ely, 46 Mise. Rep. 458, 92 N. Y. Supp. 310.
The appeal must be dismissed, but, under the circumstances, without costs.
2Cases cited1 opinion
- Smith v. ElyAppellate Terms of the Supreme Court of New York · 1905