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GIORDANO v. QUIGAN

279 A.D. 932 (1952)

Salvatore Giordano, Respondent, v. Frank J. Quigan, Appellant Salvatore Giordano, Respondent, v. Ralph Willis et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 24, 1952.

Order affirmed, with $10 costs and disbursements.

Although we are of opinion that the court was not without power to determine the motion on the merits, we are of the further opinion that the relief sought may be refused, when sought by way of summary motion, in the exercise of discretion. After the rendition of the decision by the Special Term, and before the making of the order under review, appellants commenced respective...

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