Hyperlawhypertext legal database Anderson v. City of New York 110 N.Y.S. 430

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Anderson v. City of New York

110 N.Y.S. 430 Court N.Y. App. Term Decision date 1908-05-15 English

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p. 430
ANDERSON v. CITY OF NEW YORK.
(Supreme Court, Appellate Term.
May 15, 1908.)

Headnote

Courts—Municipal Court of New York—Appeal—Decisions Review able— Sustaining Demurrer with Leave to Plead Over.
An order oí the Municipal Court, sustaining a demurrer, but granting plaintiff leave to plead! over, is not appealable.
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by Thomas Anderson against the city of New York. From an order of the Municipal Court, plaintiff appeals.
Appeal dismissed.
Argued before GILDERSLEEVE, P. J., and GIEGERICH and GREENBAUM, JJ.
Louis Hanneman, for appellant.
Francis K. Pendleton (Theodore Connoly and Thomas F. Noonan, of counsel), for respondent.

This is an appeal from an order of the Municipal Court which directs “that the defendant is entitled to judgment sustaining the demurrer herein, with leave to plead over on- payment of $20 costs.” We can find no authority authorizing an appeal from such an order of the Municipal Court. Smith v. Ely, 46 Mise. Rep. 458, 92 N. Y. Supp. 310 .

The appeal must be dismissed, but, under the circumstances, without costs.