May, 1931.
Present — Finch, P.J., Merrell, McAvoy, Martin and O'Malley, JJ.
Appeals dismissed, without costs, solely on the ground that an ex parte order is not appealable. Defendants should have moved to set aside the orders. ( Stewart v. Stewart, 127 App. Div. 672; Moore v. American Molasses Co., 179 id. 505; People ex rel. Bishop v. Bishop, 184 id. 227; Matter of Bean v. Stoddard, 207 id. 276.)
Full title:MAX KOGAN, Respondent, v. FAIR WAIST AND DRESS CO., INC., and Others…
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: May 1, 1931
Admittedly, the orders were made ex parte. No appeal lies from an ex parte order (James v Powell, 30 A.D.2d…
Haner v. BurenPresent — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ. Appeal dismissed, with ten dollars costs and…