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10th Street abstract accept the retainer accident that night Adirondack County adversary answer appeal is taken appellant's Appellate Division Appellee argue avoided Bijur breach of contract brief writing citation cited close of plaintiff's conclusion contentions contributory negligence counsel Court held Court of Appeals decedent was walking defendant defendant's bus discussion dismiss the complaint draft driver emphasize end of plaintiff's evidence example facie Harry Sabbath Bodin Hence important inapplicable inconsistent involved JAMES ROBINSON January 18 JOHN SMITH Joseph Jones judge judgment appealed jurisdiction jury learned Trial Justice ment merely notes for argument opinion Oral Argument party Plaintiff-Appellant plaintiff's witnesses point heading Practising Law Institute prepared proposition questions of law Questions Presented quotation record Redirect reference reply brief respect respondent respondent's brief reversed roadway second witness sentences Stewart Avenue supra Supreme Court testimony of Jones testimony of Thomas tiff's tion TRIAL Harry Sabbath York York Supreme Court