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THEODORE M. GIBBONS, JR., as Ancillary Committee of the Property of CHARLES L. SCHWARTZ, an Incompetent Person, Appellant and Respondent, v. MARGARET F. SCHWARTZ, Respondent and Appellant.

On plaintiff's appeal: Appeal dismissed, with costs, on the ground that section 588, subdivision 2, of the Civil Practice Act does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and ordered a new trial.

On defendant's appeal: Order affirmed and judgment absolute ordered against the defendant-appellant upon the second cause of action in accordance with the stipulation, with costs in all courts, unless the defendant-appellant within ten days withdraws her appeal and stipulates to waive costs upon the plaintiff's appeal. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.

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GIBBONS v. SCHWARTZ
(Apr 30, 1942)