Cooley v. Trustees of the New York & Brooklyn Bridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Trustees of the New York and Brooklyn Bridge, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the. clerk of the county of Queens on the 27th day of December, 1898, denying in part the defendant’s motion to resettle the case upon appeal.
1Per curiam
The learned judge to whom the application for a resettlement was made directed that there be inserted in the case a statement ' which begins «with the declaration, “ It was admitted by counsel for the defendant.” Then follows the matter which is asserted to have been admitted. The moving papers set out in detail the colloquy which the defendant’s attorney deposes took place upon the trial in respect to this subject.. The opposing affidavit sets out tlm plaintiffs version of this .colloquy, and in minuténess of detail it *521surpasses by far the averments of the moving affidavit. It is conceded…
2Cited by1 opinion
- Csatlos v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901