McFadden v. Bloch — 65 N.Y.S. 1139

Majority

p. 1139

McFADDEN, Respondent, v. BLOCH et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

May 29, 1900.)

Headnote

Action by Jane McFadden against Jacob Bloch and Meyer Bloch.

In a case of this character no permission to appeal to the court of appeals is required, nor are the appellants deprived of their right in that respect by the decision of this court that there is evidence supporting the findings of fact. The declaration to that effect in our order is merely a correct recital of the action of the court, and cannot properly be omitted with justice to the prevailing party. See 60 N. Y. Supp. 547 , 64 N. Y. Supp. 101 .