Gessler v. Lehigh Valley Railroad

Motion for reargument granted, unless within 10 days after service of a copy of this order, together with notice of entry thereof, the respondent files and serves upon the appellant’s attorneys a stipulation consenting to the amendment of the judgment appealed from, and also the order and judgment of affirmance on appeal, by striking therefrom the recital and judgment that the complaint be dismissed on the merits, in which event the motion is denied. See 91 N. Y. Supp. 1095.