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SMITH v. LEFRAK ORG., INC.

60 N.Y.2d 828 (1983)

Kim A. Smith, an Infant, by Claude J. Smith, Her Father, et al., Appellants, v. Lefrak Organization, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Sydney J. Chase for appellants.

Lewis I. Wolf for respondents.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (96 A.D.2d 859). It is unnecessary for us to consider appellant's assertions that the recently enacted CPLR 2005 (L 1983, ch 318) is applicable in this case inasmuch as plaintiff failed to submit an affidavit of merits in opposition to...

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