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McDERMOTT v. BARKER

20 A.D.2d 546 (1963)

Ethel McDermott et al., Appellants, v. Franklin A. Barker et al., Respondents, et al., Defendants

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

December 2, 1963

Judgment affirmed, with costs. Appeal from denial of plaintiffs' oral motion and from the order of January 29, 1963 dismissed.

No appeal lies from either of such dispositions, and in any event, in view of our affirmance of the judgment, such determinations are academic. Unlike the statement as to the manner of the happening of the accident considered in Williams v. Alexander (309 N.Y. 283, 287, 288), which was there held to have...

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