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Witschief v. Whitney

159 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1916-05-26 English

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p. 1150
Graham WITSCHIEF, as executor, etc., of William H. Hilton, deceased, respondent, v. Frederick E. WHITNEY, appellant.
(Supreme Court, Appellate Division, Second Department.
May 26, 1916.)

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, upon the ground that the answer was duly served, and the court had no authority to direct acceptance of short notice of trial or that the action should be placed on the calendar for the May term. Jenks, P. J., and Thomas, Carr, Stapleton, and Rich, JJ., concur.