
    Alice Seymour, Respondent, v. Fred Feigl, Appellant.
    (Supreme Court, Appellate Term,
    November, 1907.)
    Municipal Courts — Review — Judgments and orders reviewable—Order denying motion to modify judgment, when not reviewable.
    An appeal by defendant from an order denying a motion to modify a judgment against him in the Municipal Court of the city of New York cannot be entertained where the judgment was
    • taken upon his default and his motion to open the default was denied and no appeal was taken.
    Appeal from an order of the Municipal Court of the city of New York, tenth district, borough of Manhattan.
    Reno E. Billington, for appellant.
    John H. Parsons, for respondent.
   Per Curiam.

The defendant appeals from an order denying his motion to modify a judgment entered against him in the Municipal Court. The judgment so taken was rendered upon an inquest, the defendant being in default at the time of the-trial. Subsequently the defendant made a motion to oj>en his default which was denied and, so far as appears, no appeal has been taken from such order; therefore, the present appeal cannot be entertained.

Present: Gildersleeve, Leventritt and Erlanger, JJ.

Appeal dismissed, with costs.  