Schenck v. Meyer

• Decision Date: 26 October 1945
• Citation: 295 N.Y. 601,64 N.E.2d 292
• Court: New York Court of Appeals Court of Appeals
• Parties: William A. SCHENCK, Appellant v. Joseph MEYER, Jr., et al., Respondents.

295 N.Y. 601

64 N.E.2d 292

William A. SCHENCK, Appellant

v.Joseph MEYER, Jr., et al., Respondents.

Court of Appeals of New York.

Oct. 26, 1945.

Appeal from Supreme Court, Appellate Division, First Department, 269 App.Div. 775, 55 N.Y.S.2d 575; 269 App.Div. 776,55 N.Y.S.2d 574.

Action by William A. Schenck against Joseph Meyer, Jr., and others. An order entered January 27, 1945, granting defendants leave to serve a supplemental answer was affirmed by the Appellate Division, 269 App.Div. 776,55 N.Y.S.2d 574, and an order entered January 10, 1945, denying plaintiff's motion for an order directing the clerk of the court to enter judgment in favor of the plaintiff against the defendants was affirmed by the Appellate Division, 269 App.Div. 775, 55 N.Y.S.2d 575. A motion for leave to appeal to the Court of Appeals was denied by the Appellate Division, 269 App.Div. 930, 57 N.Y.S.2d 845, and a motion was made for leave to appeal.

Motion dismissed.

PER CURIAM.

Motion for leave to appeal dismissed with $10 costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the constitution.