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CARHUFF v. BARNETT'S BAKE SHOP, INC.

54 A.D.2d 969 (1976)

Thomas Carhuff, Respondent, v. Barnett's Bake Shop, Inc., et al., Respondents, and Evelyn Sklar et al., Appellants

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

November 29, 1976

Order affirmed, with $50 costs and disbursements.

Appellants' contentions, that the petitioner abandoned his rights under the order appealed from and that he filed defective notices for an examination before trial, are founded upon matter not properly within the present record. Matters dehors the record are not to be considered on an appeal (see American Ind. Contr. Co. v Travelers Ind. Co., 54 A.D.2d 679). The other arguments...

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