Opinion
November 26, 1957
Judgment unanimously affirmed, with costs and disbursements to respondent. Appellant under section 575 of the Civil Practice Act has the right to appeal on a record containing only the judgment roll ( Suchy v. Frankenberg, 251 App. Div. 349; Woodside Station Corp. v. Brieger, 260 App. Div. 1009). We believe, however, that on the record before this court the trial court was correct in finding for the plaintiff.
Concur — Botein, J.P., Rabin, Frank, McNally and Bastow, JJ. [ 5 Misc.2d 842.]