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MATAR v. MORTON

3 A.D.2d 407 (1957)

Michael L. Matar, Respondent, v. Emil Morton et al., Copartners Doing Business under the Name of Morton Brothers, et al., Appellants

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

April 9, 1957.

Attorney(s) appearing for the Case

Sydney S. Levine of counsel (Herbert Gordon with him on the brief), for appellants.

Unterberg & Unterberg for respondent.

BREITEL, J. P., BOTEIN, RABIN and VALENTE, JJ., concur.

McNALLY, J.

The question presented is whether the notice of appeal herein served is timely. The defendants-appellants moved at Special Term for an order changing the venue of the action to Nassau County. The plaintiff-respondent cross-moved for an order retaining the venue in the County of New York. The motion and cross motion were submitted on July 3, 1956. The decision thereon was published in the New York...

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