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MUTELL v. FAVALE

29 A.D.2d 779 (1968)

Mary T. Mutell et al., Appellants, v. Anthony J. Favale, Respondent

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

February 26, 1968

No opinion. Appeal from judgment of said court dated November 10, 1966 dismissed, without costs. That judgment was superseded by the judgment entered February 15, 1967 and that appeal has been abandoned.

Martuscello, J., concurs in the dismissal of the appeal from the judgment dated November 10, 1966, but dissents from the affirmance of the judgment entered February 15, 1967 and votes to reverse that judgment and to grant a new trial, on the ground that...

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