Henn v. City of Mount Vernon

Full title: ADAM G. HENN, Respondent, v . CITY OF MOUNT VERNON, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 23, 1920

190 App. Div. 533 (N.Y. App. Div. 1920)

179 N.Y.S. 769

Opinion

January 23, 1920.

E.V.B. Getty [ J. Henry Esser, Corporation Counsel, with him on the brief], for the appellant.

James H. Cavanaugh [ Stephen Holden with him on the brief], for the respondent.

James S.Y. Ivins, Deputy Attorney-General [ Charles D. Newton, Attorney-General, with him on the brief], for the Attorney-General, intervenor.

PER CURIAM:

The defendant appeals from an interlocutory judgment of the County Court of Westchester county sustaining a demurrer to the separate defense.

The appeal must be dismissed, without costs, because an appeal from an interlocutory judgment is only permissible when the judgment is rendered in the Supreme Court. (Code Civ. Proc. § 1340; Fox v. Fox, 128 App. Div. 876; Russ v. Maxwell, 94 id. 107.)

JENKS, P.J., RICH, PUTNAM, BLACKMAR and JAYCOX, JJ., concur.

Appeal dismissed, without costs, in accordance with opinion.