Gelberg v. Consolo

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover upon a foreign judgment defendant appeals.

The essential facts are:

Plaintiff brought an action upon a foreign judgment and at the time of trial offered into evidence an exemplified transcript of the judgment. Thereafter the case was submitted and before decision was rendered upon motion of plaintiff the trial court permitted plaintiff to introduce in evidence an exemplified copy of the judgment obtained in the State of New York.

It is necessary for us to determine two questions which will…