B. P. Ducas Co. v. Continental Finishing Co.
Appellate Terms of the Supreme Court of New York
Appeal by Moses 1ST. Berlin from an order of the Municipal Court of the city of Hew York, first district, borough of Manhattan, denying his motion to vacate an order of a justice of said court directing him to appear and submit to an examination concerning his dealings with the defendant.
1Per curiam
A third party appeals from an order denying a motion to vacate an order granted under section 80 of the Municipal Court Act. We are of opinion that the Municipal Court Act does not permit an appeal from an order of this character. The orders, as distinct from judgments in that court, from which appeals may be taken, are specified in sections 253, 254, 255, 256 and 257 of the Municipal Court Act. The jurisdiction of this court to review orders made in the Municipal Court exists solely by force of statute. While it may seem very desirable that the appellate tribunal should have power to review…
2Cases cited1 opinion
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Lyons v. MulvihillAppellate Terms of the Supreme Court of New York · 1911