Capronigri v. Altieri — 65 N.Y. St. Rep. 288

Majority

p. 288

Pasquale Capronigri, App’lt, v. Pasquale Altieri et al., Resp’ts.

(New York Common Pleas, General Term,

Filed February 4, 1895.)

Headnote

Appeal—Interlocutory judgment

Ho appeal lies to the common pleas from an interlocutory judgment of the general term of the city court.

Appeal from a judgment of the'city court affirming an interlocutory order and judgment, overruling a demurrer to certain defenses and counterclaims alleged in the answer.

Chas. W. Dayton, for app’lt; Burr & De Lacy, for resp’ts.

The record does not disclose the jurisdiction o’f this court to determine the questions presented upon this attempted appeal. The judgment of affirmance of the court below does not award a final recovery. It is interlocutory, also, and from it, therefore, no appeal lies to this court. Fuller v. Tuska, 43 St. Rep. 523 . The appeal should be dismissed, with costs.

All concur.