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ROGERS v. U-HAUL CO.

41 A.D.2d 835 (1973)

Dock Rogers, Individually and as Administrator of The Estate of Bartlena Rogers, Deceased, Respondent, v. U-Haul Co., Appellant, and John W. May, Defendant

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

April 2, 1973

The order, made on a rehearing of appellant's motion for summary judgment, adhered to the original determination, embodied in an order dated November 1, 1971, denying the motion for summary judgment. Motion to dismiss appeal denied, in the exercise of discretion, since the inclusion of the affidavit in question was not prejudicial, its content having in material substance appeared in another affidavit which was considered by Special...

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