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Carew v. Carew

9 A.D.2d 903 Court N.Y. App. Div. Decision date 1959-12-14 English

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p. 903
Jane Carew, Respondent, v. James Carew, Appellant.

In an action for a separation, the appeal is (1) from an order denying appellant’s motion to open his default in pleading, and (2) from a default judgment of separation. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment (Civ. Prae. Act, § 557; McArdle v. McArdle, 252 App. Div. 767 ). Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Ughetta, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.