Majority
p. 796(May 15, 1941.) Ada May Homrighouse, Appellant, v. Helen T. Wilson, Respondent.
Plaintiff appeals from an order of the Special Term of Supreme Court, denying her motion to resettle a former order which denied her application for a new trial. The order is not appealable. (Civ. Prac. Act, § 609; Waltham, Manufacturing Company v. Brady, 67 App. Div. 102 ; West Side National Bank v. Warsaw Discount Bank, 204 id. 4; Bergin v. Anderson, 216 id. 844.) Motion to dismiss appeal granted, with ten dollars costs. Hill, P. J., Crapser, Heffernan and Schenck, JJ., concur; Bliss, J., dissents.
Cases cited
- Waltham Manufacturing Co. v. Brady 67 App. Div. 102 p. 796