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Bauer v. Parker

106 N.Y.S. 878 Court N.Y. App. Div. Decision date 1907-11-22 English

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p. 878
BAUER v. PARKER et al.
(Supreme Court, Appellate Division, First Department.
November 22, 1907.)

Headnote

Appeal from Special Term.
Action by Louis Bauer against Henrietta M. Parker, as executrix of John L. Macaulay, impleaded with others. From an order denying a motion to dismiss the complaint for failure to prosecute, defendants appeal. Affirmed.-
Argued before PATTERSON, P. J„ and INGRAHAM, Mc-LAUGHLIN, HOUGHTON, and SCOTT, JJ.
James C. Foley, for appellants.
H. V. Rutherford, for respondent.

The order appealed from is affirmed, with $10 costs and disbursements, for the reasons stated on the appeal in this action bv the defendants George S. Hart and others. 106 N. Y. Supp. 877 .