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LIEBLICH v. SOLOMON

7 A.D.2d 638 (1958)

David Lieblich, Respondent, v. Victor Solomon et al., Defendants Marion Mayr, by Joseph Mayr, Her Guardian ad Litem, et al., Appellants, v. Victor Solomon, Defendant

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

November 3, 1958

Appeal dismissed, without costs.

It appears that, after the order appealed from had been made, appellants moved on the basis of that order to transfer a Municipal Court action, arising out of the same collision, to the Supreme Court and to consolidate it with the consolidated Supreme Court action. The motion was granted. By thus accepting the benefits of the order from which the appeal is taken, appellants waived their right...

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