Sitowsky v. Sitowsky

The question of the appealability of the order under review is resolved in appellant’s favor. An order striking affirmative defenses for legal insufficiency is appealable under section 57 of the New York City Court Act, under which section an order made in a City Court action may be appealed in the same instances in which an order made in a Supreme Court action may be appealed to the Appellate Division, except that no provision is made for appeals from an order in the City Court which determines a statutory provision of the State to be unconstitutional (9 Carmody-Wait on New York Practice, §…