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MERCANTINI v. INNAMORATI

12 A.D.2d 794 (1961)

Attilio Mercantini, as Executor of Constance Potenza, Deceased, Plaintiff, v. Elvira Innamorati, Defendant. Attilio Mercantini, as Executor of Constance Potenza, Deceased, Appellant; George Jacobs, Respondent

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

January 12, 1961

On the court's own motion, its decision handed down December 19, 1960 (ante, p. 652), is amended by striking out the provision granting respondent's motion to dismiss the appeal from said order of November 1, 1960, and by substituting therefor provisions denying said motion to dismiss with leave to renew upon the argument or submission of the appeal. Said appeal is ordered on the calendar for the February Term, and it will be heard together with the appeal from the...

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