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  5. 8 N.Y.2d 933 (1960)
 

SMITH v. KELLY

8 N.Y.2d 933 (1960)

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

Court of Appeals of the State of New York.

Decided June 10, 1960.

Attorney(s) appearing for the Case

Thomas Grimes and Louis J. Castellano, Jr., for appellant.

John D. Kelly and Joseph F. O'Brien for Peter Kelly and others, respondents.

Henry J. O'Hagan for Arthur Birke and another, respondents.

Application to withdraw stipulation for judgment absolute granted and appeal dismissed,...

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