Watson v. Duryea
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harold D. Watson, from an interlocutory judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, sustaining defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Burr, J.:
This appeal should be dismissed. The Municipal Court Act does not seem in express words to authorize the entry of an interlocutory judgment upon demurrer. (Great Northern Moulding Co. v. Bonewur, No. 1,128 App. Div. 101.) In this case no interlocutory judgment was entered, as appears from the return. An appeal from the order will not lie. (Fink v. Standard Bread Co., 110 N. Y. Supp. 205; Smith v. Ely, 46 Misc. Rep. 458; Binder v. Robinson, 59 id. 155.)
The appeal must be dismissed, with costs.
Woodward, Jenks, Gaynor and Miller, JJ., concurred.
Appeal dismissed, with costs.
2Cases cited3 opinions
- Smith v. ElyAppellate Terms of the Supreme Court of New York · 1905
- Great Northern Moulding Co. v. BonewurAppellate Division of the Supreme Court of the State of New York · 1908
- Fink v. Standard Bread Co.Appellate Terms of the Supreme Court of New York · 1908
3Cited by1 opinion
- Pratt v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1910