Landberg v. Fowler

Full title: LOUIS LANDBERG et al., Appellants, v. MARGARET FOWLER, Respondent

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

Date published: Feb 13, 1951

278 App. Div. 661 (N.Y. App. Div. 1951)

Opinion

February 13, 1951.

Appeal from City Court of the City of White Plains.

The order was within the discretion of the trial court and, in the absence of judgment, is not appealable. (Civ. Prac. Act, § 583; Brauer v. Oceanic Steam Navigation Co., 77 App. Div.. 407, 408; Abraham v. American Exchange Nat. Bank, 174 App. Div. 854; Fine v. Cummins, 260 App. Div. 569, 570; Dunbar v. Ingraham, 275 App. Div. 898.) Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.