121 N.E. 263 | NY | 1918
This action was brought to foreclose a mechanic's lien. Judgment was given dismissing the complaint as against the defendant Anna C. Farrell, owner of the property. On appeal the judgment was reversed by the Appellate Division and "case remitted to special term to adjust the equities under section
When the Appellate Division, therefore, sent the case back for a new trial to adjust the equities under section
This judgment appealed from, therefore, is not a final judgment and not appealable to this court. Article VI, section 9, of the Constitution of this state provides that except where the judgment is of death, appeals may be taken as of right to this court only from judgments or orders entered upon decisions of the Appellate Division of the Supreme Court finally determining actions or special proceedings, unless the appeal be allowed.
For the reasons stated herein the appeal should be dismissed, with costs.
HISCOCK, Ch. J., CHASE, COLLIN, CUDDEBACK, HOGAN, McLAUGHLIN and CRANE, JJ., concur.
Appeal dismissed.