Smith v. Furst
Smith v. Furst
188 A.D. 892
Opinion of the Court
As this court has reversed and ordered a new trial (186 App. Div. 452), the reversal can only be reviewed by defendants stipulating that upon affirmance judgment absolute shall be rendered against them. (Const, art. 6, ยง 9.) Hence we have no power to certify questions to the Court of Appeals. (Mundt v. Glokner, 160 N. Y. 571; Caponigri v. Altieri, 164 id. 476.) Motions for reargument and for leave to appeal to the Court of Appeals denied, without costs. Present โ Mills, Rich, Putnam, Blaekmar and Kelly, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.