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John J. Roe v. Muir C. Smyth and Others
Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. [See 252 App. Div. 609.] The following question is certified: Should defendants’ motion to dismiss the complaint have been granted? Motion for stay granted and defendants’ time to answer extended pending the taking of the appeal to the Court of Appeals. Present — Hagarty, Carswell, Davis, Adel and Close, JJ.