Opinion
Submitted March 14, 1898
Decided March 22, 1898
Warren F. Miller for motion.
Shire Jellenek opposed.
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.)