Majority
p. 973(34 Misc. Rep. 518.) LEVY v. METROPOLITAN ST. RY. CO. (Supreme Court, Appellate Term. April 8, 1901.) Argued before BISCHOFF, P. J., and CLARKE and LEYEN-TRITT, JJ.
Headnote
Appeal—Interlocutory Judgment.An appeal will not lie to the supreme court from a judgment of the general term of the city court of New York affirming an interlocutory judgment without directing a final judgment as required by Code Civ. Proc. § 3191, regulating appeals to the supreme court.
Appeal from city court of New York, general term.
Action by Jacob Levy against the Metropolitan Street-Railway Company. From a judgment of the general term of the city court of New York ( 68 N. Y. Supp. 944 ) affirming an interlocutory judgment sustaining a demurrer to certain defenses, defendant appeals.
Dismissed.
Harry Melville, for appellant.
Jacob Friedman, for respondent.
An appeal from an interlocutory judgment lies to, the general term (Code, § 3189), but not to the supreme court, from the determination of the general term upon that appeal, where final judgment is not directed. Code, § 3191, subd. 1; Monroe-Miller Co. v. Stokes, 9 Misc. Rep. 170 , 29 N. Y. Supp. 718 ; Fuller v. Tuska (Com. Pl.) 17 N. Y. Supp. 356 .
Appeal dismissed, with costs. All concur.
Cases cited
- Monroe-Miller Co. v. Stokes 9 Misc. Rep. 170 p. 973