Jefferson Bank v. Montifiore Realty Co.

Appellate Terms of the Supreme Court of New York

Jefferson Bank v. Montifiore Realty Co.

114 N.Y.S. 862

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 5, 1909

StatusPublished

This text of 114 N.Y.S. 862 (Jefferson Bank v. Montifiore Realty Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jefferson Bank v. Montifiore Realty Co., 114 N.Y.S. 862 (N.Y. Ct. App. 1909).

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Opinion

GIEGERICH, J.

The notice of appeal herein recites that the appeal is taken from an order granting plaintiff’s motion for judgment upon the pleadings, and also from the final judgment entered herein. No such order appears in the record, and it appears therein that the judgment was taken by an inquest upon defendants’ default. The judgment is therefore not appealable. Brown v. Bouse, 43 Mise. Rep. 72, 86 N. Y. Supp. 240.

Appeal dismissed, with $10 costs. All concur.

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GIEGERICH, J.

The notice of appeal herein recites that the appeal is taken from an order granting plaintiff’s motion for judgment upon the pleadings, and also from the final judgment entered herein. No such order appears in the record, and it appears therein that the judgment was taken by an inquest upon defendants’ default. The judgment is therefore not appealable. Brown v. Bouse, 43 Mise. Rep. 72, 86 N. Y. Supp. 240.

Appeal dismissed, with $10 costs. All concur.

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Bluebook (online)

114 N.Y.S. 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-bank-v-montifiore-realty-co-nyappterm-1909.

Opinion

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