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DONATO v. KIENDL

276 A.D. 1077 (1950)

Giuseppe Donato, Appellant, v. Theodore Kiendl et al., Respondents

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

April 25, 1950.

Order unanimously affirmed, with $20 costs and disbursements to the respondents. In affirming we do not confine ourselves to the ground upon which Special Term rested.

Van Voorhis, J., concurring for affirmance upon the second ground stated in defendants' notice of motion, that summary judgment dismissing the complaint was properly granted on the basis of the record in the Federal court action, which has the effect of documentary evidence establishing...

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