Appellate Division of the Supreme Court of New York, 1957

Southwestern Shipping Corp. v. Anlyan

Southwestern Shipping Corp. v. Anlyan
Appellate Division of the Supreme Court of New York · Decided November 26, 1957
4 A.D.2d 944; 168 N.Y.S.2d 208; 1957 N.Y. App. Div. LEXIS 3808
Southwestern Shipping Corp. v. Anlyan

Opinion of the Court

Judgment unanimously affirmed, with costs and disbursements to respondent. Appellant under section 575 of the Civil Practice Act has the right to appeal on a record containing only the judgment roll (Suehy V. Frankenberg, 251 App. Div. 349; Woodside Station Gorp. v. Brieger, 260 App. Div. 1009). We believe, however, that on the record before this court the trial court was correct in finding for the plaintiff. Concur — Botein, J. P., Rabin, Frank, McNally and Bastow, JJ. [5 Misc 2d 842.]

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