Dean v. Halliburton

The appeal should be dismissed since the answers to the questions certified will not be decisive of the appeal. (Schieffelin v. Hylan, 229 N. Y. 633.)

The appeal should be dismissed. The Appellate Division did not pass on the question of whether the discretion of the Special Term was properly exercised. On the contrary, it affirmed as a matter of law and stated it “ does not review the discretion exercised by the justice at Special Term but affirms the order upon the law.”

The stipulation is not binding upon the administratrix. She, as administratrix, was not a party to the action when the…