Majority
p. 271(51 Misc. Rep. 664.) DUTCH v. PARKER. (Supreme Court, Appellate Term. November 14, 1906.)
Headnote
Coukts—Municipal Court—Appeal—Obdee Opening Default.By provision of Laws 1902, p. 1563, c. 580, § 257, an order of the Municipal Court opening a default and vacating the judgment is not appealable in the first instance.
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by J. Fleming Dutch against Orrel A. Parker. From an order, defendant appeals. Dismissed.
See 97 N. Y. Supp. 966 .
Argued before GILDERSLEEVE, DUGRO, and DOWLING, JJ. Henry S. Goodspeed, for appellant.
Marcus Helfand, for respondent.
The order opening the default and' vacating the judgment is not appealable in -the first instance. Laws 1902, p. 1563, c. 580, § 257. See Johnson v. Manning, 80 App. Div. 368 , 80 N. Y. Supp. 738 .
The appeal is therefore dismissed, with costs.