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MATTER OF PERCY v. COHALAN

2 A.D.2d 867 (1956)

In the Matter of George W. Percy, Jr., Appellant, v. John P. Cohalan, Jr., et al., Respondents

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

October 30, 1956

Order affirmed, without costs.

We may not consider on this appeal the affidavits submitted by the appellant upon the argument of the appeal. They were not before the Special Term when it considered the application herein. In its decision the Special Term stated that no facts were presented to it for determination. In view of the record, that conclusion was proper (Matter of Shaeffer, 237 App. Div. 278). This case is, therefore, to be distinguished from Matter...

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