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  5. 25 N.Y.2d 679 (1969)
 

MULLEN v. JACOBS

25 N.Y.2d 679 (1969)

Anne Mullen et al., Respondents, v. Henry Jacobs, Doing Business as Transport Oil Company, Defendant, and Sinclair Refining Company, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 1969.

Attorney(s) appearing for the Case

John S. Della Rocca for motion.

Houlihan and Martin opposed.

Motion granted and, upon reargument, the motion to dismiss denied. It appears that the order appealed from had not been entered by appellant Sinclair Refining Company but by codefendant Jacobs and, accordingly, the appeal is...

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