Opinion
May, 1933.
Plaintiff's exceptions overruled, motion for a new trial denied with costs, and judgment directed for the defendant upon the nonsuit, with costs. As only exceptions are before the court no question of fact is here ( Huda v. American Glucose Co., 151 N.Y. 549) and the court is without power to consider the question as to the exercise of discretion by the trial court in denying the plaintiff's motion that the nonsuit be without prejudice. All concur.