The motion of defendants-respondents to strike a certain affirmation from the record on appeal is granted, with $20 costs. That affirmation was not recited in the order appealed from, and no application was ever made to Special Term to recognize it as part of the record. Fortunately for plaintiff-appellant, it is not essential to his case. However, because of the unwarranted inclusion in the record of the stricken paper, plaintiff-appellant is denied costs of...
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