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VAIL v. YORK HILL PROPS., INC.

1 A.D.2d 952 (1956)

Walter R. F. Vail, Appellant, v. York Hill Properties, Inc., et al., Respondents

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

April 30, 1956

Determination affirmed, with costs to the respondents.

No opinion.

Cox and Frank, JJ., dissent and vote to reverse and order a new trial in the following memorandum:

The determination of the Appellate Term should be reversed and this matter sent back to the Municipal Court for a new trial. There was no proof offered in the Municipal Court to show that the premises were located in a residential district which fact certainly should have been known to...

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