¶1In an action for a separation, the appeal is (1) from an order denying appellant’s motion to open his default in pleading, and (2) from a default judgment of separation. Appeal from judgment dismissed, without costs. No appeal lies from a default judgment (Civ. Prae. Act, § 557; McArdle v. McArdle, 252 App. Div. 767). Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Ughetta, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.
9 A.D.2d 903
Carew v. Carew
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1959
Appellate Division of the Supreme Court of the State of New York · decided 1959-12-14
Decided 1959-12-14