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COHEN v. COHEN

31 A.D.2d 540 (1968)

Martha W. Cohen, Respondent, v. Esther Cohen, Individually and as Executrix of Albert P. Cohen, Deceased, Defendant, and National Gasket & Washer Mfg. Co., Inc., Appellant

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

November 12, 1968

Appeal dismissed as moot, with $10 costs and disbursements to respondent.

The appeal is moot because a new complaint was served by respondent, pursuant to the leave granted by the order appealed from, and that new complaint has superseded the one attacked by the motion at Special Term. In any event, we have examined the merits of this appeal and we would have affirmed the order of Special Term if we were not dismissing...

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