Erbe v. Lincoln Rochester Trust Co.

Motion to amend order entered May 16, 1956, granted and order amended nunc pro tunc by striking therefrom the words “ and facts ” and inserting in place thereof the words “ and not in the exercise of any discretion,” so that the ordering clause thereof shall read “reversed on the law and not in the exercise of any discretion.” Present — MeCurn, P. J., Kimball, Williams and Bastow, JJ. [See 2 A D 2d 247, 829.]