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Stipulation as to Exhibits.
Affidavit of No Opinion..
Stipulation Settling Case.
Order Settling Case..
Stipulation Waiving Certification.........

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SAMUEL BRILL, BROOKLYN TRUST COM-
PANY, and BARR BROS. & Co., INC.,

Defendants.

2

Statement Under Rule 234.

This action was commenced on or about July
9th, 1935, by the service of a summons and com-
plaint, together with an order to show cause for
a temporary injunction. The defendants, Brook-
lyn Trust Company and Barr Bros. & Co., Inc.,
duly served their answers on or about July 29th,
1935. The defendant, Brill, duly served his an-
swer on or about August 6th, 1935.

On or about September 27th, 1935, plaintiff's
application for a temporary injunction was granted

the Honorable John H. McCooey, and he set 3
the case for trial for the 26th day of September,
1935. Thereafter, on May 4th, 1936, this case came
on for trial before the Honorable Edward J. Byrne,
at Trial Term, Part III. At the end of the entire
case, on motion of Counsel for the defendant, Brill,
the Court directed a verdict in favor of said de-
fendant, and he, thereupon, entered the judgment,
from which the plaintiff appeals to this Court.

At the opening of the trial of said case, the plain-
tiff introduced in evidence a stipulation (Plain-
tiff's Exhibit 1, page 71) discontinuing this action

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