Both v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Both v. Metropolitan Life Insurance

254 A.D. 683, 3 N.Y.S.2d 403, 1938 N.Y. App. Div. LEXIS 7132

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 1938·Published

Opinion

This court granted leave to plaintiff to appeal from an order of the Appellate Term modifying a judgment of the Municipal Court. Instead of appealing from that order, plaintiff appealed from the judgment entered in the Municipal Court on the order of the Appellate Term. Appeals from the [684]*684Appellate Term to the Appellate Division are and must be from the determination of the Appellate Term. (Const, art. VI, § 3; Civ. Prae. Act, § 627.) Appeal dismissed, with costs. Present1— Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ.

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This court granted leave to plaintiff to appeal from an order of the Appellate Term modifying a judgment of the Municipal Court. Instead of appealing from that order, plaintiff appealed from the judgment entered in the Municipal Court on the order of the Appellate Term. Appeals from the [684]*684Appellate Term to the Appellate Division are and must be from the determination of the Appellate Term. (Const, art. VI, § 3; Civ. Prae. Act, § 627.) Appeal dismissed, with costs. Present1— Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ.

Both v. Metropolitan Life Insurance, 254 A.D. 683, 3 N.Y.S.2d 403, 1938 N.Y. App. Div. LEXIS 7132 (N.Y. Ct. App. 1938).

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