Appellate Division of the Supreme Court of New York, 1921

Stehli v. Town of Oyster Bay

Stehli v. Town of Oyster Bay
Appellate Division of the Supreme Court of New York · Decided April 15, 1921
196 A.D. 954
Stehli v. Town of Oyster Bay

Opinion of the Court

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Although there might have been sufficient ground for permitting defendant to withdraw the concession on a timely motion for that relief, and without passing on the importance of the change in the record, we think plaintiff is entitled to have, the appeal heard upon the record exactly as it was before the trial court when the judgment was rendered. Blaekmar, P. J., Mills, Putnam, Kelly and Jayeox, JJ., concur.

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