Soop v. Burhans

Citations

• 106 A.D. 341
• 94 N.Y.S. 463

Syllabus

<p>Appeal from, an order of the County Court of Ü liter county, reversing an order of the City Court of Kingston, in summary proceedings to recover demised premises—'it does not lie to the Appellate Division—what is the final order mentioned in section 2260 of the Code of Civil Procedure.</p> <p>An order of the County Court of Ulster county, reversing an order of the City Court of the city of Kingston, in summary proceedings instituted by a landlord to recover possession of demised real estate, is not appealable to the Appellate Division, as the right to take such appeal is not conferred by sections 1356 and 1357 of the Code of Civil Procedure relating to appeals to the Appellate Division from orders made in special proceedings generally, nor by section 2260 of the Code of Civil Procedure, relating to appeals from orders made in summary proceedings to recover possession of real estate.</p> <p>The final order mentioned in section 2260 of the Code of Civil Procedure is defined in section 2249 of that Code and is the final order made upon the trial.</p>