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Carhuff v. Barnett's Bake Shop, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1976
54 A.D.2d 969 (N.Y. App. Div. 1976)

Opinion

November 29, 1976


In a special proceeding pursuant to CPLR 5225 (subd [b]), the appeal is from an order of the Supreme Court, Rockland County, dated February 5, 1976, which directed that a hearing be held concerning the transfer to appellants of certain notes. Order affirmed, with $50 costs and disbursements. Appellants' contentions, that the petitioner abandoned his rights under the order appealed from and that he filed defective notices for an examination before trial, are founded upon matter not properly within the present record. Matters dehors the record are not to be considered on an appeal (see American Ind. Contr. Co. v Travelers Ind. Co., 54 A.D.2d 679). The other arguments raised by appellants have been considered and found to be without merit. Hopkins, Acting P.J., Martuscello, Damiani and Titone, JJ., concur.


Summaries of

Carhuff v. Barnett's Bake Shop, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1976
54 A.D.2d 969 (N.Y. App. Div. 1976)
Case details for

Carhuff v. Barnett's Bake Shop, Inc.

Case Details

Full title:THOMAS CARHUFF, Respondent, v. BARNETT'S BAKE SHOP, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 29, 1976

Citations

54 A.D.2d 969 (N.Y. App. Div. 1976)

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