Feltenstein v. Ernst

This action was brought in the City Court and the plaintiff recovered a judgment. Upon appeal this court reversed the judgment, ordered a new trial,. “ with Costs to the appellant to abide the event.” By permission *224of this court the plaintiff was allowed to appeal to the Appellate Division upon filing a stipulation to the effect that, if the Appellate Division affirmed the judgment of the Appellate Term, judgment absolute should be rendered and entered in favor of the defendants. The Appellate Division affirmed the determination of this court and rendered judgment absolute in favor of the…