Majority
p. 909Regina Crescent, Appellant, v. Bridget Reddy (née Whalen) and Others, Respondents.
Headnote
Appeal — order of County Court sustaining demurre---interlocutory judgment of County Court — no appeal lies to Appellate Division.Appeal by the plaintiff from an order of the County Court of Westchester county, entered in the office of the clerk of said county on the 31st day of May, 1918, sustaining a demurrer to the amended complaint.
If such an appeal lies, it must be from an interlocutory judgment, not an order. But there is no appeal from an interlocutory judgment of the County Court, but only from such a judgment of the Supreme Court. (See Henn v. City of Mount Vernon, 190 App. Div. 533 , and cases cited.) Therefore, without now passing upon the merits of the demurrer, we dismiss this appeal, with ten dollars costs and disbursements. Rich, Blackmar, Kelly and Jayeox, JJ., concur. Appeal dismissed, with ten dollars costs and disbursements.