L'Hommedieu v. Cook — 230 N.Y. 660

Majority

p. 660

Roswell H. L’Hommedieu, Appellant, v. Joseph Cook et al., Respondents, Impleaded with Others.

Headnote

Appeal — order of Appellate Division reversing order of Special Term denying motion for judgment on pleadings and granting motion not appealable to Court of Appeals.

L’Hommedieu v. Cook, 194 App. Div. 909 , appeal dismissed.

(Argued February 28, 1921;

decided March 15, 1921.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1920, which reversed an order of Special Term denying a motion by defendants for judgment on the pleadings and granted said motion.

Alexander Holtzoff and Paul Windels for appellant.

Raymond C. Haff, Albert A. Hovell and Harry W. McChesney for respondents.

Appeal dismissed, with costs, on authority of Silverstein v. Standard Acc. Ins. Co. ( 221 N. Y. 332 ); Rose v. Bristol ( 222 N. Y. 11 ); no opinion.

Concur: His cock, Ch. J., Chase, Cardo zo, Pound, McLaughlin, Crane and Andrews, JJ.

Cases cited

Silverstein v. Standard Accident Insurance of Detroit, Michigan 221 N. Y. 332 N.Y. 1917-10-02 p. 660
Rose v. Bristol 222 N. Y. 11 N.Y. 1917-11-20 p. 660