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Appellate Division of the Supreme Court of New York, 1949

Fontana v. Olympic Contracting Corp.

Fontana v. Olympic Contracting Corp.
Appellate Division of the Supreme Court of New York · Decided February 28, 1949
275 A.D.2d 665
Fontana v. Olympic Contracting Corp.

Opinion of the Court

No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.; Callahan, J., dissents and votes to reverse and grant the motion on the ground of the plaintiff's failure to show that no witness to the accident will be available to her upon the trial. (See Weill v. Third Ave. Ry. Co., 252 App. Div. 840.)

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