Legal Opinion

Transcendent Light Co. v. Steitz

Appellate Terms of the Supreme Court of New York

Decided June 15, 1901Published

Appeal from a judgment rendered in favor of the defendant in the ¡Municipal Court of the city „ of Hew York, second district, borough of Manhattan.

1Per curiam

Plaintiff asked leave to discontinue at the close of the testimony and such leave was refused. If exception had been taken to this ruling, judgment would have to be reversed. Rothenberg v. Filarsky, 30 Misc. Rep. 610. Ho exception was taken, and plaintiff’s omission- in this respect is fatal.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

2Cases cited1 opinion

Rothenberg v. FilarskyAppellate Terms of the Supreme Court of New York · 1900