NOLTE v. SEYMOUR

MILLER, J.:

Subdivision 1 of section 145 of the Municipal Court Act (Laws of 1902, chap. 580) provides: "The court may, however, in its discretion, order a written bill of particulars, with or without verification, to be filed by the plaintiff or by the defendant interposing a counterclaim." We find no provision of the Municipal Court Act authorizing an appeal from an order directing a bill of particulars. The only sections providing for appeals from orders are sections 257 and 310. Those sections do not authorize an appeal from an interlocutory order. ( Pascocello v. Brooklyn Heights R.R. Co., 26 Misc. Rep. 412.) There must be statutory authority for an appeal from the Municipal Court or no jurisdiction is conferred upon this court. ( Beebe v. Nassau Show Case Co., 41 App. Div. 456.)

The appeal should be dismissed.

WOODWARD, JENKS, HOOKER and GAYNOR, JJ., concurred.

Appeal dismissed, with costs.