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Ender v. Kehoe

23 N.Y.2d 766 Court N.Y. Decision date 1968-12-11 English

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p. 766
John Ender, Appellant, v. Ellsworth A. Kehoe et al., Respondents.
Submitted November 12, 1968;
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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