Neale v. Walter — 194 N.Y. 542

Majority

p. 542

Isabella Neale, Respondent, v. John Walter, Appellant.

Headnote

Neale v. Walter, 128 App. Div. 827 , appeal dismissed.

(Submitted January 4, 1909;

decided January 19, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 20, 1908, which reversed an order of Special Term dismissing the complaint in an action under sections 1638 and 1639 of the Code of Civil Procedure to determine an adverse claim to real property.

Max Schleimer for appellant.

Frederick W. Block for respondent.

Appeal dismissed, with costs, on the ground that the order is not appealable to this court; no opinion.

Concur: Cullen, Oh. J., Edwabd T. Babtlett, Vann, Webneb, Willabd Babtlett, Hisoock and Chase, JJ.