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BURCKHALTER v. STASKY

276 A.D. 979 (1950)

Donald H. Burckhalter, Respondent, v. Chester Stasky, Defendant, and John Kafton, Appellant

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

February 27, 1950.

Order affirmed, with $10 costs and disbursements.

The sections relied on are applicable only if there has been a trial. (Redfield v. Critchley, 277 N.Y. 336.) The moving papers are void of any facts showing a meritorious defense to the action.

Adel, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum:

In this negligence action the accident happened on August 19, 1940, when defendant...

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