Acme Markets, Inc. v. Tri-City Shopping Center, Inc.

Motion, insofar as it seeks dismissal of appeal on the ground that the notice of appeal fails to specify the order or judgment appealed from, denied, without costs, and without prejudice to its renewal upon the argument. Motion in all other respects denied, without costs, upon condition appellant shall, on or before October 18, 1965, file and serve record, brief and notice of argument for the term commencing November 15, 1965. It does not appear from the papers before us whether the transcript of the examination before trial conducted March 25, 1965, should be included in the record on appeal…