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Mitchell v. Simon

1 A.D.2d 797 Court N.Y. App. Div. Decision date 1956-01-13 English

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p. 797
Mary C. Mitchell, Appellant, v. Charles K. Simon, Respondent, et al., Defendant.

Judgment entered August 15, 1955, reversed, on the law and facts, with costs, and matter remitted to the Supreme Court of Erie County

p. 798
to permit application by plaintiff for judgment as upon a default. See memorandum filed in companion case of Fasciana v. Simon (1 A D 2d 797). All concur. (Appeal from a judgment of Brie Trial Term in favor of defendant Simon for no cause of action, in an automobile negligence action.) Present■— McCurn, P. J., Vaughan, Kimball, Wheeler and Williams, JJ.