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SPALTER v. I.J. MORRIS, INC.

8 A.D.2d 747 (1959)

Edward Spalter et al., Appellants, et al., Plaintiff, v. I. J. Morris, Inc., et al., Respondents, et al., Defendants

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

May 25, 1959

Order entered January 5, 1959 reversed, without costs, and motion remitted to the Special Term for further consideration as indicated herein.

It was within the discretion of the Special Term at pretrial to consider whether appellants are entitled to the preference theretofore granted and to revoke same after a factual exploration which was made a matter of record and upon a statement of the reasons for the revocation. (

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