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Brayer v. Fenn

162 A.D. 930 Court N.Y. App. Div. English

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Majority

p. 930
John F. Brayer, Appellant, v. Lily B. M. Fenn, as Executrix, etc., Respondent, and Thirty-six Other Actions against the Same Defendant.

Order affirmed, "with ten dollars costs and disbursements. All concurred, except Kruse, P. J., who dissented upon the ground that even if the original papers were defective the supplemental affidavit supplied the defects and insufficiencies and should have been received and considered, as provided by section 768 of the Code of Civil Procedure, as amended in 1911.[1]

* See Laws of 1911, chap. 763.—[Rep