Henn v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Mount Vernon, from an interlocutory judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of said county on the 2d day of April, 1919, sustaining a demurrer to a separate defense set up in the amended answer.
1Per curiam
The defendant appeals from an interlocutory judgment of the County Court of Westchester county sustaining a demurrer to the separate defense.
The appeal must be dismissed, without costs, because an appeal from an interlocutory judgment is only permissible when the judgment is rendered in the Supreme Court. (Code Civ. Proc. § 1340; Fox v. Fox, 128 App. Div. 876; Russ v. Maxwell, 94 id. 107.)
Jenks, P. J., Rich, Putnam, Blackmar and Jay cox, JJ., concur.
Appeal dismissed, without costs, in accordance with opinion.
2Cases cited1 opinion
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Betor v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1920
- Betor v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1920
- Crescent v. ReddyAppellate Division of the Supreme Court of the State of New York · 1920