Kopisar v. Paley

Appellate Terms of the Supreme Court of New York

Kopisar v. Paley

128 Misc. 463, 219 N.Y.S. 82, 1926 N.Y. Misc. LEXIS 805

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 24, 1926

StatusPublished

This text of 128 Misc. 463 (Kopisar v. Paley) 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

Kopisar v. Paley, 128 Misc. 463, 219 N.Y.S. 82, 1926 N.Y. Misc. LEXIS 805 (N.Y. Ct. App. 1926).

Pincite

Opinion

Per Curiam.

"As the proofs tending to show error in date fixed for trial are uncontradicted, order denying motion to open default reversed, motion granted and judgment vacated, with ten dollars costs to appellant to abide the event, and case set down for trial for December twenty-third.

While the record shows that defendant was entitled to have the cause transferred to the borough of Brooklyn, the order denying the motion to transfer the action, in the absence of an appeal from judgment or final order, is not appealable as an intermediate order (Mun. Ct. Code, § 155), and the appeal from that order is dismissed.

All concur; present, Bijur, O’Malley and Levy, JJ.

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Per Curiam.

"As the proofs tending to show error in date fixed for trial are uncontradicted, order denying motion to open default reversed, motion granted and judgment vacated, with ten dollars costs to appellant to abide the event, and case set down for trial for December twenty-third.

While the record shows that defendant was entitled to have the cause transferred to the borough of Brooklyn, the order denying the motion to transfer the action, in the absence of an appeal from judgment or final order, is not appealable as an intermediate order (Mun. Ct. Code, § 155), and the appeal from that order is dismissed.

All concur; present, Bijur, O’Malley and Levy, JJ.

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Bluebook (online)

128 Misc. 463, 219 N.Y.S. 82, 1926 N.Y. Misc. LEXIS 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopisar-v-paley-nyappterm-1926.