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Smith v. McCarthy

9 A.D.2d 709 Court N.Y. App. Div. Decision date 1959-10-01 English

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p. 709
Anna E. Smith et al., Appellants, v. Donald J. McCarthy et al., Respondents. Columbia Gas of New York et al., Defendants and Third-Party Plaintiffs, v. Dyer-Fitts Construction Company, Inc., et al., Third-Party Defendants.

Motion to dismiss appeal granted, without costs, unless appellants perfect appeal, file note of issue, and file and serve record and brief on or before December 10, 1959 and are ready for argument at the January 1960 Term of this court, in which event the motion is denied. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.