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HENDRY v. HILTON

283 A.D. 168 (1953)

John M. Hendry et al., Plaintiffs, v. Fred Hilton et al., Defendants

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

December 30, 1953.

Attorney(s) appearing for the Case

Joel J. Weiner for defendants.

Sol Lefkowitz for plaintiffs.

WENZEL, SCHMIDT and BELDOCK, JJ., concur, with ADEL, J.; NOLAN, P. J., concurs in the result, with memorandum.

ADEL, J.

This is a motion by defendants to compel plaintiffs to accept service of a notice of appeal which plaintiffs' attorney previously had rejected.

The following is the chronology of events:

June 9, 1953 — the action, for an injunction, was tried; immediately upon the conclusion of the trial the referee rendered his decision in favor of plaintiffs. William L. Storey, Esq., appeared...

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