Appellate Division of the Supreme Court of New York, 1920

Carroll v. City of Yonkers

Carroll v. City of Yonkers
Appellate Division of the Supreme Court of New York · Decided December 15, 1920
194 A.D. 974
Carroll v. City of Yonkers

Opinion of the Court

Order of reversal to be resettled to read: This court having examined the facts and found no error therein. [See 193 App. Div. 655.] Such reversal being on exceptions taken at the trial, is reviewable by the Court of Appeals only by a stipulation for judgment absolute. Therefore, it is improper to certify questions. (Mundt v. Glokner, 160 N. Y. 571; New York Central & H. R. R. R. Co. v. State of N. Y., 166 id. 286; Smith v. Furst, 188 App. Div. 892.) Present — Jenks, P. J., Mills, Putnam, Blaekmar and. Kelly, JJ.

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