Order reversed, without costs, all concur, O'Donnell, J., not participating, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: The record on appeal contains a transcript of a deposition which was not before Special Term but which contains evidence that is both relevant and important to a determination of petitioner's motion to vacate the order of attachment. Although the parties have stipulated to...
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