Appellate Division of the Supreme Court of the State of New York November 12, 1909 (Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the Transfiguration)

Per Curiam:

The plaintiff appeals from an order denying its motion to resettle the judgment herein by striking out the recital that it was entered “ on motion ” of plaintiff’s attorney. While a party may always appeal from a judgment in his favor if it be less favorable than he deems himself entitled to, he may not appeal from a judgment to which he has assented.