Appellate Division of the Supreme Court of New York, 1919

Smith v. Furst

Smith v. Furst
Appellate Division of the Supreme Court of New York · Decided April 15, 1919
188 A.D. 892
Smith v. Furst

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.

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