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McKegney v. Kosmak

285 A.D. 870 Court N.Y. App. Div. Decision date 1955-02-01 English

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p. 870
Katherine McKegney, Respondent, v. Florence F. Kosmak, Appellant, et al., Defendants.

Order appealed from unanimously modified so as to dismiss complaint unconditionally unless plaintiff within ten days after service of the order disposing of this appeal furnishes a further affidavit of merits satisfactory to Special Term. The affidavits furnished were insufficient but indicate that opportunity should be afforded plaintiff to satisfy any deficiency. Settle order. Present - — ■ Cohn, J. P., Callahan, Breitel, Botein and Rabin, JJ.