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Wallach v. Van Schaick

28 N.Y.S. 168 Court N.Y. Gen. Term Decision date 1894-03-16 English

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p. 168
WALLACH v. VAN SCHAICK.
(Supreme Court, General Term, First Department.
March 16, 1894.)

Headnote

Appeal—Review—Matters not Apparent on the Record.
Where a case has not been settled as provided by Code Civ. Proc. § 997, and the certificate of the clerk is insufficient, so that the questions sought to be reviewed are not presented by the record, the judgment will be affirmed.
Appeal from circuit court, New York county.
Action by Joseph Wallach against Sarah H. Van Schaick to recover commissions alleged to have been earned by plaintiff, as a real-estate broker, in bringing about an exchange of property between defendant and one George Moore. The complaint was dismissed, and plaintiff appeals. Affirmed.
Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
Sol Kohn, for appellant.
Cantor, Linson & Van Schaick, for respondent.

This case has not been settled as provided by section 997 of the Code of Civil Procedure, and the certificate of the clerk is insufficient; and as we cannot pass upon the questions sought to be reviewed, upon this record, the judgment must be affirmed, with costs.