Peretz v. Rosenbloom

Full title: BEN PERETZ, Appellant, v. JULIUS ROSENBLOOM et al., Respondents

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

Date published: Dec 22, 1942

265 App. Div. 959 (N.Y. App. Div. 1942)

Opinion

December 22, 1942.

Appeal from City Court of the City of New York, Kings County.

Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.

Exceptions were taken to the sureties. They were examined in order to justify, but there was no allowance of the undertaking by the court. There was an issue of fact as to the withdrawal of exceptions, which the official referee found in favor of defendants, holding that there was no such withdrawal. Order of the Appellate Term unanimously affirmed, with costs. ( Manning v. Gould, 90 N.Y. 476; Finkelstein v. Punie, 162 App. Div. 119.)