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McMurren v. Carter

38 N.Y.2d 742 Court N.Y. Decision date 1975-11-20 English

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p. 742
Fannie McMurren, as Administratrix of the Estate of Ernest McMurren, Deceased, et al., Respondents, v Howard Carter et al., Appellants.
Decided November 20, 1975

On the court’s own motion, order of the Appellate Division will be affirmed with costs, and judgment absolute ordered against appellants on their stipulation, unless within 30 days appellants make application to withdraw the appeal herein, in which event leave to do so is hereby granted, with costs. The decision at the Appellate Division having been on the facts, this court would be bound in any event to affirm and render judgment absolute. (CPLR 5615; see Cohen and Karger, Powers of the New York Court of Appeals, pp 295-296, 304-305.)