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GREENBERG v. GREENBERG

5 A.D.2d 831 (1958)

Rose Greenberg et al., Respondents, v. Ben Greenberg, Appellant

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

February 3, 1958

Order affirmed, with $10 costs and disbursements.

No opinion.

Wenzel, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum:

On December 5, 1956 respondents instituted an action against appellant in the Supreme Court, Nassau County. A notice of appearance was served on December 20, 1956. On February 21, 1957 respondents instituted an action in the Supreme Court, Kings County, similar to the...

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