Judgment unanimously affirmed, with costs and disbursements to respondent. Appellant under section 575 of the Civil Practice Act has the right to appeal on a record containing only the judgment roll (Suehy V. Frankenberg, 251 App. Div. 349; Woodside Station Gorp. v. Brieger, 260 App. Div. 1009). We believe, however, that on the record before this court the trial court was correct in finding for the plaintiff. Concur — Botein, J. P., Rabin, Frank, McNally and Bastow, JJ. [5 Misc 2d 842.]