American Lbr. Co. v. Employers Fire Ins. Co.

Full title: AMERICAN LUMBER COMPANY, INC., Appellant, v. EMPLOYERS MUTUAL FIRE…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 19, 1956

3 Misc. 2d 559 (N.Y. App. Term 1956)

148 N.Y.S.2d 722

Opinion

January 19, 1956

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES MARKS, J.

Abraham M. Stanger for appellant.

Edward J. Hale for respondent.

Per Curiam.

Plaintiff has appealed from an order granting defendant's motion for summary judgment dismissing the complaint. Such order is not appealable without permission (N.Y. City Mun. Ct. Code, § 154; Tannen v. Spritzer, 190 Misc. 442). Appeal may, of course, be taken as of right from the judgment entered on said order (see Liberty Mut. Ins. Co. v. Mart, 284 App. Div. 668).

The appeal should be dismissed, with $10 costs.

EDER, HECHT and AURELIO, JJ., concur

Appeal dismissed, etc.