Abdella v. Scribner

Upon the original appeal by the petitioner to this court involving the merits of the case, the respondents had moved for an order requiring certain testimony to be included in the record. That motion was denied without opinion and without costs by the court. Thereafter, the respondent included the disputed testimony or portions thereof in an appendix and this court affirmed the judgment appealed from with costs to respondents (Matter of Abdella v Scribner, 37 AD2d 917).

Before Special Term, the petitioner contended that the majority of the testimony printed in the respondents’ appendix upon…