Kaplan v. . New York Biscuit Co.

This action was brought to recover damages for a personal injury. The trial resulted in a verdict for the plaintiff, which has been affirmed by the Appellate Division. This court has no power to review, if the judgment of affirmance was unanimous. (Code Civ. Proc. § 191.) The judgment entered does not state that the decision was unanimous and that fact does not appear of record. The respondent’s affidavit read upon this motion, as we understand it, is based upon information derived from the opinion of the court reported in 5 App. Div. 60, in which it appears that all the judges concurred. It,…