BANFIELD v. KELLY


21 A.D.2d 683 (1964)

Gertrude Banfield, Appellant, v. Howard Kelly, Respondent

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

May 18, 1964


Appeal from order dated April 26, 1963, dismissed, without costs; that order was superseded by the later order. Order, dated September 23, 1963, insofar as it adheres to the prior decision and grants the motion to dismiss, reversed, with $10 costs and disbursements to plaintiff, and motion to dismiss denied, without prejudice to an application by plaintiff to transfer the action to the Civil Court of the City of New York, if the plaintiff be so advised. Under all the circumstances...

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