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SMITH v. KELLY

7 N.Y.2d 803 (1959)

Carol Smith, Appellant, v. Peter Kelly et al., Respondents.

Court of Appeals of the State of New York.

Decided November 25, 1959.

Attorney(s) appearing for the Case

Thomas Grimes and Louis J. Castellano, Jr., for motion and opposed to cross motion.

Henry J. O'Hagan and Stanley D. Hicks opposed to motion and for cross motion.

John D. Kelly opposed to motion.

Motion for an order settling the record on appeal in this court by excluding therefrom the minutes of the original trial granted.

Motion to exclude from the record certain specified exhibits denied upon the ground that the motion has become academic by reason of the loss of the exhibits in the mails, without prejudice to a renewal thereof upon argument of the appeal in the event the exhibits be found prior thereto.

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