Irlbacker v. . Roth

49 N.E. 1099, 155 N.Y. 664, 9 E.H. Smith 664, 1898 N.Y. LEXIS 979

Opinion

Motion denied, with ten dollars costs, upon the ground that it does not appear, either by the judgment or order of the Appellate Division, that the decision of that court was unanimous, with leave to renew upon payment of such costs, provided the record is so amended as to show that the judgment appealed from was rendered by the unanimous vote of all the judges who took part in the decision. (Kaplan v. N. Y. Biscuit Co., 151 N. Y. 171.)