Beard v. City of New York — 190 N.Y. 524

Majority

p. 524

Mary A. Beard, Respondent, v. The City of New York, Appellant.

Headnote

Beard v. City of New York, 119 App. Div. 894 , appeal dismissed.

(Submitted November 18, 1907;

decided December 3, 1907.)

Appeal from an order of the Appellate Division of the' Supreme Court in the second judicial department, entered

p. 525

May 10, 1907, which affirmed an order of Special Term overruling the answer as frivolous and directing judgment for plaintiff.

Francis II. Pendleton, Corporation Cownsel (James J). Bell and Jerome W. Coombs of counsel), for appellant.

Ralph James M. Bullowa and Sutherland D. Smith for respondent.

Appeal dismissed, with costs, on the ground that this is an appeal from an order only and not from any judgment finally determining the action ; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: O’Brien, J.