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ENDER v. KEHOE

23 N.Y.2d 766 (1968)

John Ender, Appellant, v. Ellsworth A. Kehoe et al., Respondents.

Court of Appeals of the State of New York.

Decided December 11, 1968.

Motion to withdraw a stipulation for judgment absolute granted and the appeal dismissed, with costs. It is the practice of the Court of Appeals to allow an appellant to withdraw a stipulation for judgment absolute as long as the application is made prior to the argument of the appeal (see Shtekla v. Topping, 18 N.Y.2d 961

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