Norton & Siegel, Inc. v. Nolan

In this action to recover the sum of $4,672.04, being the difference, as plaintiff claims, between advances made by it to one James R. Nolan, now deceased, and the repayments made by Nolan, the plaintiff was awarded the sum of $1,574.25. Judgment for that amount was entered on plaintiff’s own motion and thereafter plaintiff appealed. We are of opinion that such a judgment may not be reviewed. *895Appeal dismissed, without costs. Lazansky, P. J., Hagarty and Carswell, JJ., concur; Davis, J., with whom Close, J., concurs, dissents, with the following memorandum: The appeal, admittedly having merit,…