Ender v. Kehoe

23 N.Y.2d 766 | NY | 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).