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258 A.D. 1035

McAllister v. Phelps

Appellate Division of the Supreme Court of the State of New York · decided 1940-01-12

Decided 1940-01-12

¶1Order affirmed, without costs of this appeal to either party. Memorandum: We find that in making the order appealed from the Special Term did not exceed the bounds of proper discretion. (Civ. Prac. Act, § 181; Rules *1036Civ. Prac. rule 156.) All concur. (The order denies on terms defendants’ motion to dismiss the complaint, in an automobile negligence action.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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