Opinion
June, 1901.
Herbert J. Hindes, for appellant.
Aaron Morris, for respondent.
Plaintiff asked leave to discontinue at the close of the testimony and such leave was refused. If exception had been taken to this ruling, judgment would have to be reversed. Rothenberg v. Filarsky, 30 Misc. 610. No exception was taken, and plaintiff's omission in this respect is fatal.
Present: SCOTT, P.J., BEACH and FITZGERALD, JJ.
Judgment affirmed, with costs.