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BEARY v. NAGEL

23 Misc.2d 891 (1960)

Patrick Beary, Appellant, v. Kenneth Nagel, Individually and as Executor of Babette Gsottschneider, Deceased, Respondent.

Supreme Court, Appellate Term, Second Department.

May 18, 1960.

Attorney(s) appearing for the Case

Marie A. Beary and Patrick Beary for appellant. Glatzer, Glatzer & Evans (Robert L. Horkitz of counsel), for respondents.

Concur — HART, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

The order dated November 18, 1959 and judgment entered thereon unanimously reversed, with $10 costs to plaintiff, and motion denied without prejudice to renewal. Appeal from order dated December 18, 1959 dismissed as academic.

The order dated November 18, 1959 is void since the decision was not made within 14 days after the submission of the motion (N. Y. City Mun. Ct. Code, § 119, subd. 2...

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