MURRER v. STOLTZ


23 A.D.2d 810 (1965)

William Murrer et al., Appellants, v. Gillette O. Stoltz et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 8, 1965


Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs and without prejudice.

Memorandum:

The record contains an affidavit verified by plaintiffs' attorney on May 11, 1964 which was not before Special Term on April 9, 1964 when it signed the order appealed from. Although the parties have stipulated that the record, including such affidavit "are true and correct copies of all papers and pleadings before the Court...

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