Goldstein v. Guedalia

Full title: MARY L. GOLDSTEIN, Appellant, v . AARON GUEDALIA and Others, Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1899

40 App. Div. 451 (N.Y. App. Div. 1899)

58 N.Y.S. 167

Opinion

May Term, 1899.

Alfred G. Reeves, for the appellant.

Henry M. Goldfogle, for the respondents.

Present — VAN BRUNT, P.J., BARRETT, RUMSEY, PATTERSON and O'BRIEN, JJ.

PER CURIAM:

The decision which was filed in this case contained no separate statement of facts and conclusions of law, but was a short decision, as permitted by section 1022 of the Code of Civil Procedure. No exceptions were filed to it, as required by that section. We have recently held that where such is the case the court has no power to review either the decision of the court or any exceptions taken during the progress of the trial. ( Thompson v. Schwartz, 39 App. Div. 658; Van Vleck v. Ballou, post, p. 489.)

The judgment, therefore, must be affirmed, with costs.

PER CURIAM:

Judgment affirmed, with costs.