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Kruger v. Ciadella

11 A.D.2d 1093 Court N.Y. App. Div. Decision date 1960-10-27 English

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p. 1093
Marion S. Kruger et al., Appellants, v. Vincent Ciadella et al., Respondents.

Motion granted and appeal dismissed unless typewritten record pursuant to rule V-a of the Rules of the Appellate Division, Fourth Department, and supplemental appendix containing “such relevant portions of any testimony '•* * as are necessary for the consideration of the questions involved” are filed by November 2, 1960. Memorandum: In this case, in which the plaintiffs-appellants are proceeding by the alternative form of record on appeal under rule V-a, it appears that proof was taken upon the trial and that the complaint was dismissed at the close of the plaintiffs’ case for failure to establish a prima facie case. As an appendix to their briefs, plaintiffs should print, in accordance with the rule, all of the testimony which in their judgment establishes the making out of a prima facie case.