
    Endicott Johnson Corporation, Appellant, v. Alexander Foldesy, Respondent.
    
      Appeal — motion for summary judgment granted — judgment not entered until after expiration of time to appeal from order granting motion — appeal may be taken from judgment.
    
    
      Endicott Johnson Corp. v. Foldesy, 223 App. Div. 716, affirmed.
    (Submitted June 21, 1928;
    decided July 19, 1928.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 24, 1928, which reversed an order of Special Term denying a motion by defendant to compel the plaintiff to accept service of a notice of appeal and granted said motion. The following question was certified: “ Where an order of the Supreme Court is entered granting a motion for summary judgment under rule 113 of the Rules of Civil Practice, and judgment is entered thereupon after the time in which to appeal from said order has expired without an appeal from said order having been taken, has a defendant then a right to appeal to the Appellate Division of the Supreme Court from said judgment? ”
    
      Benjamin Lesser and William Lesser for appellant.
    
      George Garfunkel for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.  