Kirkegaard v. Forman Realty Corp. — 248 N.Y. 526

Majority

p. 526

Anna Kirkegaard et al., Respondents, v. Forman Realty Corporation, Appellant, Impleaded with Others.

Headnote

Appeal — order of Appellate Division modifying judgment of Special Term — entry of final judgment thereon — appeal to Court of Appeals from order of modification unauthorized.

Kirkegaard v. Forman Realty Co., 222 App. Div. 817 , appeal dismissed.

(Submitted April 9, 1928;

decided April 13, 1928.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second

p. 527

judicial department, entered January 23, 1928, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.

The motion was made upon the ground that a final judgment had been entered in the action and no appeal taken therefrom and that the appeal taken from the order of the Appellate Division was unauthorized.

James M. Fawcett for motion.

Abraham H. Spigelgass opposed.

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