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MANDEL v. BRODSKY

282 A.D. 1038 (1953)

Daniel Mandel, Respondent, v. David Brodsky, Appellant

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

December 15, 1953.

Determination affirmed, with costs to the respondent.

CALLAHAN, J. P. (dissenting).

I dissent and vote to reverse for the reasons stated in the opinion of CARLIN, J., at Special Term of the City Court (199 Misc. 8). The Appellate Term relied on section 164 of the Civil Practice Act as it existed prior to amendment by chapter 554 of the Laws of 1951. This enactment also added the new section 163-a. The situation...

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