Cohen v. Breinig , 216 A.D. 805 ( 1926 )

This court will not assume to change a record duly certified to it upon appeal. Under the motion for general relief the motion is granted so far as to direct that the record be removed from the files of this court and transmitted to the Trial Term for proper action on the motion to amend the case on appeal, said court under such circumstances having full power to act. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.