Barber v. A. Schrader's Son, Inc.

Headnote

Appeal —• order modifying interlocutory judgment — final judgment entered thereon after agreed accounting ■— motion to dismiss appeal therefrom denied. . .

Reported below, 215 App. Div. 758 .

Motion to dismiss appeals from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 8, 1925, which modified and affirmed as modified an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and from a final judgment entered thereon after an agreed accounting and waiver thereof before a referee.

The motion was made upon the grounds that the order appealed from was not a final order; that the time within which to appeal therefrom had elapsed, and that an appeal could not be taken direct to the Court of Appeals from the judgment.