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Judgment affirmed, with costs. . No opinion. Young, Kapper, Lazansky and Hagarty, JJ., concur. The late Presiding Justice, William J. Kelly, having died before voting in this case, is recorded as taking no part. The death of appellant after argument does not, in our opinion, prevent a decision. (See Smyth v. Sturgess, 110 N. Y. 665.)
Document Info
Filed Date: 1/15/1928
Precedential Status: Precedential
Modified Date: 10/27/2024