Hyperlawhypertext legal database Butler v. Stern 49 N.Y. Super. Ct. 534

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Butler v. Stern

49 N.Y. Super. Ct. 534 17 Jones & S. 534 Court N.Y. Super. Ct. Decision date 1883-04-09 English

Delivered by O’Gorman, J.

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p. 534
Henry L. Butler, et al., appellants, v. Moses Stern, el al., respondents.
Decided April 9, 1883.

Headnote

Appeal from order denying a motion on the part of the plaintiff for an order overruling the defendant’s answer as frivolous, and for judgment thereon.
Rudolph Sampter, for appellants. Kaufman & Sanders, and Louis A. Wagner, for respondents.

—This motion was made under section 537 of the Code of Civil Procedure, which provides that if the applica- • tion be denied, an appeal cannot be taken from the determination, and the denial of the application shall not prejudice any of the subsequent proceedings of either party. Sedgwick, Ch. J., concurred. Appeal dismissed, with $10 costs, and the order of the special term affirmed.