Swimmer v. Silverman

Appellate Terms of the Supreme Court of New York

Swimmer v. Silverman

128 Misc. 444

Appellate Terms of the Supreme Court of New York·Decided September 15, 1926·Published

Opinion

Per Curiam.

Appeal from order denying motion for summary judgment dismissed, without costs. The order is not appealable. (Mun. Ct. Code, § 154, as amd. by Laws of 1925, chap. 637.) Pinchot v. Roskam, (123 Misc. 253) and State Realty Co. v. Post (Id. 925), the cases cited by appellants, do not hold to the contrary. Those cases were in the City Court of the City of New York and the section of the Municipal Court Code, above cited, was not applicable.

Present — Cropsey, MacCrate and Lewis, JJ.

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Per Curiam.

Appeal from order denying motion for summary judgment dismissed, without costs. The order is not appealable. (Mun. Ct. Code, § 154, as amd. by Laws of 1925, chap. 637.) Pinchot v. Roskam, (123 Misc. 253) and State Realty Co. v. Post (Id. 925), the cases cited by appellants, do not hold to the contrary. Those cases were in the City Court of the City of New York and the section of the Municipal Court Code, above cited, was not applicable.

Present — Cropsey, MacCrate and Lewis, JJ.

Swimmer v. Silverman, 128 Misc. 444 (N.Y. Ct. App. 1926).

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Opinion

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