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Smiley v. Metcalfe

214 A.D. 760 Court N.Y. App. Div. English

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p. 760
Edith B. Smiley, Respondent, v. Carrie W. Metcalfe and Others, as Executors, etc., of Edwin D. Metcalfe, Deceased, Appellants.

Order affirmed, with ton dollars costs and disbursements, on the ground that under the facts in this case the Special Term properly exercised its discretion in view of the delay in making the motion and the fact that the ease was on the preferred calendar and ready for trial. All concur. Present — Hubbs, P. J., Clark, Davis, Crouch and Taylor, JJ.