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17 Jones & S. 534

Butler v. Stern

The Superior Court of New York City · decided 1883-04-09

<p>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.</p>

Decided 1883-04-09

O’Gorman, J.

¶1—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.

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