Legal Opinion

Rosenberg v. Fireman's Insurance

Appellate Terms of the Supreme Court of New York

Decided April 8, 1910Published

•Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Jacob Rosenberg against the Fireman’s Insurance Company of .Newark, N. J. From an order of the Municipal Court of the City of New York, granting a motion of plaintiff to open his default and set aside the judgment, defendant appeals.

1Per curiam

The order in effect opens the default and- sets aside the judgment. Such an order is not appealable. Wolter v. Liebmann, 52 Misc. Rep. 517, 102 N. Y. Supp. 487; Dorfman v. Hirschfield, 53 Misc. Rep. 538, 103 N. Y. Supp. 698.

The appeal is dismissed, without costs to either party.

2Cases cited2 opinions

  1. Dorfman v. HirschfieldNew York Supreme Court · 1907
  2. Wolter v. LiebmannAppellate Terms of the Supreme Court of New York · 1907