Legal Opinion

Carroll v. City of Yonkers

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1920Published

1Opinion of the Court

Order of reversal to be resettled to read: This court having examined the facts and found no error therein. [See 193 App. Div. 655.] Such reversal being on exceptions taken at the trial, is reviewable by the Court of Appeals only by a stipulation for judgment absolute. Therefore, it is improper to certify questions. (Mundt v. Glokner, 160 N. Y. 571; New York Central & H. R. R. R. Co. v. State of N. Y., 166 id. 286; Smith v. Furst, 188 App. Div. 892.) Present — Jenks, P. J., Mills, Putnam, Blaekmar and. Kelly, JJ.

2Cases cited3 opinions

  1. Mundt v. . GloknerNew York Court of Appeals · 1899
  2. Carroll v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1920
  3. Smith v. FurstAppellate Division of the Supreme Court of the State of New York · 1919