Hyperlawhypertext legal database Brayer v. Fenn 147 N.Y.S. 1100

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Brayer v. Fenn

147 N.Y.S. 1100 Court N.Y. App. Div. Decision date 1914-04-01 English

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p. 1100
BRAYER, Appellant, v. FENN, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
April 1, 1914.)

Headnote

Action by John F. Brayer against Lily B. M. Fenn, as executrix, etc. with 36 other actions against the same defenãant.

Order affirmed, with ~10 costs and disbursements.

KRUSE, P. J., dissents, upon the ground that, even if the original papers were defective, the supplemental affidavit supplied the defects and insufficiencies, and should have been received and considered, as provided by section 768 of the Code of Civil Procedure, as amended in 1911 by Laws 1911, c. 763.