SCHOLLMEYER v. SUTTER


3 A.D.2d 665 (1957)

Kurt Schollmeyer, Plaintiff, v. Cornelius D. Sutter, Defendant

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

January 7, 1957


"Case and exceptions" dismissed, without costs.

In the absence of a final judgment this is not a proper matter under the statute for the hearing of exceptions in the first instance by this court or for the making in this court of a motion for a new trial based on such exceptions (Civ. Prac. Act, § 550; Rules Civ. Prac., rule 220); and consequently neither the exceptions nor the motion for a new trial may be entertained by this court. It clearly appears from the...

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