THROWER v. SMITH


46 N.Y.2d 835 (1978)

Ella M. Thrower et al., Respondents, v. John J. Smith et al., Appellants, and Isidoro Perez, Respondent.

Court of Appeals of the State of New York.

Decided December 27, 1978.


On the court's own motion, order of the Appellate Division will be affirmed, without costs, and judgment absolute ordered against appellant Estate of Berens on said appellant's stipulation, unless within 30 days appellant makes application to withdraw the appeal herein, in which event leave to do so is hereby granted. The decision at the Appellate Division having been made, in part, in the exercise of discretion, this court would be bound in any event to affirm and render...

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