¶1 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.)
9 E.H. Smith 664
49 N.E 1099
Irlbacker v. . Roth
Decided March 22, 1898
New York Court of Appeals · decided 1898-03-22
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 14, 1898, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The motion was made upon the ground that the Appellate Division unanimously decided that there was evidence supporting and tending to sustain the findings of fact of the referee, and that no question of law was raised in the action.
Relies on 5 E.H. Smith 171 - Kaplan v. . New York Biscuit Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1898-03-22
How this case has been cited
Cited by 8 later decisions — most recently March 1944
1 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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