Village of Saranac Lake v. Paul Smith's Electric Light & Power & Railroad

Majority

p. 609

The Village of Saranac Lake, Appellant, v. Paul Smith's Electric Light and Power and Railroad Company, Respondent.

Headnote

Appeal dismissed —final judgment entered after reversal of interlocutory judgment.

Village of Saranac Lake v. Paul Smith's El. L. & P. & R. R. Co., 183 App. Div. 620 , appeal dismissed.

(Argued September 30, 1920;

decided October 5, 1920.)

Motion to dismiss an appeal from a judgment entered December 12, 1919, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer.

The motion was made upon the ground that no author

p. 610

ity exists for an appeal direct to the Court of Appeals from a final judgment entered after reversal of interlocutory judgment.

J. M. Cantwell for motion.

Bay B. Smith opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.