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Smith v. Furst

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1919
188 A.D. 892 (N.Y. App. Div. 1919)

Opinion

April, 1919.

Present — Mills, Rich, Putnam, Blackmar and Kelly, JJ.


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, § 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.


Summaries of

Smith v. Furst

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1919
188 A.D. 892 (N.Y. App. Div. 1919)
Case details for

Smith v. Furst

Case Details

Full title:EMILY IRVING SMITH, Appellant, v. MICHAEL FURST and Others, Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1919

Citations

188 A.D. 892 (N.Y. App. Div. 1919)

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