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Sobol v. Chelsea Hotel Corp.

Decided: October 11, 1948.

HELEN SOBOL, PLAINTIFF-APPELLANT,
v.
CHELSEA HOTEL CORPORATION, DEFENDANT-RESPONDENT



On appeal from an order of the former Supreme Court, Atlantic County Circuit, vacating an interlocutory judgment entered by default.

For dismissal of appeal: Chief Justice Vanderbilt and Justices Case, Heher, Oliphant, Wachenfeld, Burling, and Ackerson. Opposed: None.

Per Curiam

[1 NJ Page 13] This is an appeal from an order of the former Supreme Court at the Atlantic County Circuit, opening an

interlocutory judgment entered against the defendant by default, and permitting it to appear and defend upon terms.

An appeal, however, lies only from a final judgment. The order thus sought to be reviewed does not fall within the category of a final judgment and is, therefore, not appealable. R.S. 2:27-349. Vide Farmland Dairies v. Van Tol, 132 N.J.L. 298, aff'd 133 Id. 313; Matthews v. Public Servive Interstate, etc., Co., 130 Id. 495; Chavers v. McCall, 127 Id. 595; Kople v. Zalon, 122 Id. 422; Jacquin v. Applegate, 128 Id. 598; Gaffney v. Illingsworth, 90 Id. 490.

The appeal is accordingly dismissed, ...


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