Appellate Division of the Supreme Court of New York, 1928

Flagg v. Moses

Flagg v. Moses
Appellate Division of the Supreme Court of New York · Decided January 15, 1928
222 A.D. 821
Flagg v. Moses

Opinion of the Court

Motion for leave to appeal to the Court of Appeals denied, without costs. We are of opinion that we may not, by certifying questions, dispense with the constitutional requirement that defendants stipulate for judgment absolute in the event of affirmance. (Mundt v. Glokner, 24 App. Div. 110; 160 N. Y. 571; New York Central & Hudson River Railroad Company v. State of New York, 166 id. 286; Smith v. Furst, 188 App. Div. 892; Gross & Son v. State of New York, 243 N. Y. 629.) Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.