Jefferson Bank v. Montifiore Realty Co.

GIEGERICH, J. The notice of appeal herein recites that the appeal is taken from an order granting plaintiff’s motion for judgment upon the pleadings, and also from the final judgment entered herein. No such order appears in the record, and it appears therein that the judgment was taken by an inquest upon defendants’ default. The judgment is therefore not appealable. Brown v. Bouse, 43 Mise. Rep. 72, 86 N. Y. Supp. 240. Appeal dismissed, with $10 costs. All concur.