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Bennett v. Thomas

38 A.D.2d 683 Court N.Y. App. Div. Decision date 1971-12-09 Docket Appeal No. 2 English

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p. 683
Ronald P. Bennett et al., as Executors of Jane V. Bennett, Also Known as Jane V. B. Thomas, Deceased, Respondents, v. James Thomas, Appellant.
(Appeal No. 2.)

Order affirmed. Same memorandum as in Bennett v. Thomas ( 38 A D 2d 682 ) decided herewith. All concur, Witmer, J., in result only. (Appeal from order of Erie Special Term denying motion to dismiss complaint, without prejudice.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.

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