Appellate Division of the Supreme Court of the State of New York June 21, 1955 (Gilligan v. Tishman Realty & Construction Co.)

Cohn, J.

(dissenting). The four defendants who stipulated for order absolute in the Court of Appeals severally had the right to do so. The judgment absolute rendered by the Court of Appeals (306 N. Y. 974; 307 N. Y. 698) was binding *813only against these defendants who so stipulated.