LIBERTY MUT. INS. CO. v. MART


284 A.D. 668 (1954)

Liberty Mutual Insurance Company, Appellant, v. Arnold Mart, Individually and Doing Business as P. X. Television Sales & Service, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 5, 1954.


Attorney(s) appearing for the Case

John Nielsen of counsel (John P. Smith, attorney), for appellant.

Theodore M. Rogers for respondent.

PECK, P. J., DORE, BREITEL, BASTOW and BOTEIN, JJ., concur.


Per Curiam.

The defendant's motion to dismiss the complaint in an action brought in the Municipal Court was granted in that court. Thereupon the plaintiff made several fruitless efforts to appeal to the Appellate Term from this determination. The first appeal was dismissed because the order appealed from was not an appealable order and plaintiff had not obtained the necessary leave to appeal. Subsequent applications for leave to appeal were frustrated because...

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