Watson v. Duryea

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909

Appellate Division of the Supreme Court of the State of New York · decided 1909-06-04

Appeal by the plaintiff, Harold D. Watson, from an interlocutory judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, sustaining defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.

Decided 1909-06-04

Burr, J.:

¶1This appeal should be dismissed. The Municipal Court Act does not seem in express words to authorize the entry of an interlocutory judgment upon demurrer. (Great Northern Moulding Co. v. Bonewur, No. 1,128 App. Div. 101.) In this case no interlocutory judgment was entered, as appears from the return. An appeal from the order will not lie. (Fink v. Standard Bread Co., 110 N. Y. Supp. 205; Smith v. Ely, 46 Misc. Rep. 458; Binder v. Robinson, 59 id. 155.)

¶2The appeal must be dismissed, with costs.

¶3Woodward, Jenks, Gaynor and Miller, JJ., concurred.

¶4Appeal dismissed, with costs.