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M. C. FRENCH & SON v. TRUSEVITZ

27 A.D.2d 702 (1967)

M. C. French & Son, Appellant, v. Stanley Trusevitz, Respondent

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

January 12, 1967

Order unanimously reversed, with costs, and case remitted to Steuben County Court for further proceedings in accordance with Memorandum.

Memorandum:

In January, 1964, plaintiff obtained a money judgment against defendant in a Justice Court of the Town of Bath. Defendant appealed to Steuben County Court and demanded a new trial in that court. (Cf. Justice Ct. Act, § 442.) An undertaking to stay execution executed by individual third parties was filed but...

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