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Sobol v. Chelsea Hotel Corp.

New Jersey Supreme Court


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

[1 NJ Page 14]

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, with costs.

19481011


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