Eberhardt v. 11 West 42nd Street, Inc.

Full title: EBERHARDT v. 11 WEST 42ND STREET, INC

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 6, 1947

69 N.Y.S.2d 126 (N.Y. App. Term 1947)

Opinion

March 6, 1947.

Appeal from Municipal Court, Borough of Manhattan, First District; Vincent A. District; Lubianco, Justice.

Action by Harriet K. Eberhardt against 11 West 42nd Street, Inc. From an alleged order denying defendant's motion to set aside service of summons and complaint, the defendant appeals.

February term 1947, before HAMMER, SHIENTAG and EDER, JJ.

Bond Babson, of New York City (Walter H. Bond, of New York City, of counsel), for appellant.

PER CURIAM.

The appeal is taken from a non-existent order. What is termed an "order" is the opinion of the court. The requirements of an order are not present. Rule 70, Rules Civil Practice; Taub v. Arrow Mfg. Co., 207 App. Div. 292, 202 N.Y.S. 121. Moreover, such type of order, even if it had been made and entered, is not appealable, without permission first obtained, not being appealable as of right under Section 154, Municipal Court Code. See also Tarpey v. Jersey Co-Operative Realty Co., 98 Misc. 302, 163 N.Y.S. 267.

Appeal dismissed. All concur.