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Appellate Division of the Supreme Court of New York, 1960

Smith v. McCarthy

Smith v. McCarthy
Appellate Division of the Supreme Court of New York · Decided September 15, 1960
11 A.D.2d 959; 207 N.Y.S.2d 246; 1960 N.Y. App. Div. LEXIS 8308
Smith v. McCarthy

Opinion of the Court

Motion to vacate the order of this court, dated and entered May 31. 1960, dismissing appeal, vacated, and appeal reinstated, upon condition appellant perfects appeal, files note of issue. *960and flies and serves record and brief on or before October 10, 1060 and is ready for argument at the term of this court commencing October 31, 1960. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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