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Taylor v. Interstate Motor Freight System

1 N.Y.2d 925 Court N.Y. Decision date 1956-07-11 English

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p. 925
Mary A. Taylor, as Administratrix of the Estate of Frank E. Taylor, Deceased, Appellant, v. Interstate Motor Freight System, Respondent.
Submitted July 9, 1956;
decided July 11, 1956.
p. 926
John F. Canale and Mortimer A. Sullivan for motion to dismiss appeal and opposed to cross motion to have appeal heard on previous record.
John P. Cox and William J. Flynn opposed to motion to dismiss appeal and for cross motion to have appeal heard upon prior record.

Motion to dismiss appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the Appellate Division has now validly exercised the discretionary power which in this case we have already held that the Appellate Division possesses as to this matter. (See 309 N. Y. 633 .)

Cross motion to have appeal heard upon the record heretofore filed with this court on the previous appeal together with a supplemental record denied.

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