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SMITH v. DUNTON ESTATES, INC.

276 A.D. 986 (1950)

Louis Smith, Respondent, v. Dunton Estates, Inc., Defendant, and Ruth E. S. Wertheim et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1950.

On appeal by appellant Wertheim, order of October 6, 1949, affirmed. No opinion. On appeal by appellant Renaud, order insofar as appealed from, affirmed. No opinion. Respondent is to have a single bill of $10 costs and disbursements against both appellants.

Johnston, J., dissents and votes (1) to modify the order of October 6, 1949, by denying the motion of respondent with respect to appellants, without prejudice to renewal upon obtaining a certificate...

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