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McLaughlin v. Eidlitz

165 N.Y. 640 Court N.Y. Decision date 1901-01-15 English

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p. 640
Frank McLaughlin, Respondent, v. Otto M. Eidlitz et al., Appellants.

Headnote

- McLaughlin v. Eidlitz, 50 App. Div. 518 , appeal withdrawn.
(Argued January 7, 1901;
decided January 15, 1901.)
Motion to withdraw an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1900, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial.
The motion was made upon the ground that since taking the appeal, the principal question presented thereby has been decided by this court.
Charles C. Nadal for motion.
John Hetherington opposed.

Motion granted on payment of the costs and upon the further condition that it be stipulated that the testimony of such witnesses as actually reside out of the state when the case shall be tried, be read.

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