SMOLEY v. MERRICK ESTATES CIVIC ASS'N, INC.


20 A.D.2d 654 (1964)

Stanley Smoley et al., Appellants, v. Merrick Estates Civic Association, Inc., Respondent

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

January 6, 1964


In this action for an injunction to restrain the construction of a swimming pool upon the defendant's property, plaintiffs have appealed from a judgment in defendant's favor, entered upon the court's decision after a nonjury trial. Incident to the prosecution of the appeal, plaintiffs' counsel has filed his certificate to the effect that the transcript of the stenographer's trial minutes is not necessary. Plaintiffs have proceeded to perfect the appeal without such transcript...

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