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BEARY v. SCHWIMMER

44 A.D.2d 833 (1974)

Patrick Beary, Appellant, et al., Plaintiff, v. Chester Schwimmer, Respondent

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

May 13, 1974

Appeal dismissed, with $20 costs and disbursements. The order appealed from granted appellant leave to replead.

Appellant, subsequent to the filing of his notice of appeal, availed himself of the leave to replead and is therefore now precluded from seeking a review of the order (Kriger v. Industrial Rehabilitation Corp., 8 A.D.2d 29, affd. 7 N.Y.2d 958; Wilde v. Caron Corp.,

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