Appellate Division of the Supreme Court of the State of New York March 4, 1904 (In re Levy's Will)

WILLARD BARTLETT, J.

The notice of motion for a resettlement of the case on appeal asked for the allowance of the proposed amendments numbered 6, 23, 27, 30, 31, and 34. The proposed amendment numbered 6 was properly disallowed, because it was simply a statement by counsel, not in the nature of an admission, but an assertion of his view of the law as applicable to the facts of the case.