Transcendent Light Co. v. Steitz

Per Curiam. 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. Rep. 610. Ho exception was taken, and plaintiff’s omission- in this respect is fatal. Present: Scott, P. J., Beach and Fitzgerald, JJ. Judgment affirmed, with costs.