Majority
p. 915Henry B. Britton, Individually and as Surviving Partner of Charles P. Britton & Co., Respondent, v. Albert Stamford and Others, as Executors, etc., of Henry P. Stamford, Deceased, Appellants.
Judgment and order affirmed, with costs. The question of the right to award costs herein having been raised for the first time upon appeal, and no objection having been taken prior thereto by appropriate motion, it is too late to raise the question now. (Cunningham v. Hewitt, 84 App. Div. 114 ; affd., 177 N. Y. 541 .) Present — Clarke, P. J., Laughlin, Smith, Page and Greenbaum, JJ.
Cases cited
- Cunningham v. Hewitt 177 N. Y. 541 p. 915