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Daniel Doonan and Mary E. Doonan v. Thomas Killilea and Others
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment affirmed, with costs, on authority of De Peyster v. Murphy (66 N. Y. 622). We do not understand that this case has been expressly overruled or limited by Real Estate Corporation v. Harper (174 N. Y. 123). Jenks, P. J., Stapleton and Rich, JJ., concurred; Thomas, J., not voting.