Legal Opinion
Levy v. Spier
Appellate Terms of the Supreme Court of New York
Decided December 16, 1908Published
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Samuel H. Levy and others against Emil Spier. From an order denying a motion to correct the record, defendant appeals.
1Per curiam
The order appealed from is not an appealable one. Bevins & Rogers, App. Term Pr. 61; Nolte v. Seymour, 127 App. Div. 178, 111 N. Y. Supp. 311. Upon an appeal from a judgment, should one be obtained by the plaintiffs herein, the order now appealed from may be reviewed. Code Civ. Proc. § 1316; Universal Cutter Co. v. Emden et al. (Sup.) 107 N. Y. Supp. 669.
Appeal dismissed, with $10 costs.
2Cases cited2 opinions
- Nolte v. SeymourAppellate Division of the Supreme Court of the State of New York · 1908
- Universal Cutter Co. v. EmdenAppellate Terms of the Supreme Court of New York · 1907