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LEWIS v. SCUDIERI

7 A.D.2d 738 (1958)

Lester Lewis, Respondent, v. John Scudieri, Appellant

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

December 8, 1958

Appeal from order dated September 25, 1957 dismissed, without costs. No separate appeal lies from that order (Attolino v. Stow, 285 App. Div. 759).

We have considered the merits of the appeal from that order and, if the appeal were not being dismissed, the order would be affirmed (Miano v. Schneider, 1 Misc.2d 1039, affd. 3 A.D.2d 900, affd. 4 N.Y.2d 732

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