Alleva v. Hagerty — 65 N.Y.S. 690

Majority

p. 690

ALLEVA v. HAGERTY.

(Supreme Court, Appellate Term.

July 6, 1900.)

Headnote

Appeal—Judgments Rbviewable.

Plaintiff cannot appeal from a judgment of dismissal entered at his request.

Appeal from municipal court, borough of Manhattan, Second district.

Action by Francesco Alieva against James J. Hagerty., From a. judgment of dismissal, plaintiff appeals.

Appeal dismissed.

Argued before TRUAX, P. J., and SCOTT and DU URO, JJ.

H. Moeller, for appellant.

Stickney, Spenser & Ordway, for respondent.

The record shows that the judgment dismissing the complaint was rendered at the plaintiff’s request. No appeal lies from such a judgment. It is unnecessary to pass upon the question sought to be raised by appellant as to the power of the municipal court to stay an action for nonpayment of costs awarded in a former action.

Appeal dismissed, with costs.