Stemmler v. F. H. Rhodes & Son, Inc.

Judgment modified by strildng out the words “ and fill or cause to be filled up with sand, dirt, gravel or other suitable material the hole or excavation now on said land, so that the same shall be substantially as it was before the said excavation was commenced,” and as so modified unanimously affirmed, without costs. We are of opinion that the stipulation at folio 124 (see, also, defendant’s interpretation of the stipulation at folio 212) justified the trial court in applying his view of the premises in reaching a determination. (Braisted v. Brooklyn & R. B. R. R. Co., 46 App. Div. 204,…