Opinion
November 24, 1958
Appeal from the District Court of the County of Nassau, LYMAN D. HALL, J.
Berman Tomaselli ( Charles Sutton of counsel), for appellants.
Holman Holman ( Paul C. Fusco of counsel), for respondent.
By proceeding to trial, plaintiffs waived their right to appeal from that part of the order which granted defendant's motion to open its default and permitted it to interpose an answer herein. No appeal lies from the order insofar as it denied plaintiffs' cross-motion "to strike out the appearance of the attorneys purporting to act in the name of the defendant" (Nassau County District Court Act, § 190; L. 1939, ch. 274).
The appeals from order should be dismissed, with $5 costs in each case.
Concur — PETTE, DI GIOVANNA and BROWN, JJ.
Appeals dismissed, etc.