Cramp v. Dady

Motion denied, "with ten dollars costs. The court did not overlook the provisions of section 1001 of the Code of Civil Procedure. That applies only to a case where an interlocutory judgment has been entered and “ further proceedings must be taken before the court or a judge thereof, or a referee, before a final judgment can be entered.” So far as the defendants claiming through. Rachel Munroe and -Phcebe Hendrickson are concerned, no further proceedings must be taken. By whatever name designated as to them, the judgment is not interlocutory but final, and Brown v. Feek ( 204 N. Y. 238 ) is conclusive upon this point. (See, also, Matter of Halsey, 93 N. Y. 48 .) Present — Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ.