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FISHER v. SMITH

23 Misc.2d 1000 (1960)

Herman Fisher, Appellant, v. Brownie Smith, Respondent.

Supreme Court, Appellate Term, Second Department.

February 9, 1960.

Attorney(s) appearing for the Case

Louis Klugerman and Harry Teichner for appellant. Thomas F. Flood and Herman M. Goldberg for respondent.

HART, J., concurs with DI GIOVANNA, J., in a separate opinion; BROWN, J., dissents in an opinion and votes to affirm.

ANTHONY J. DI GIOVANNA, J.

Two novel issues are presented by this appeal. Firstly, whether the City Court is authorized to deny a preference under special rule I of the Rules of the City Court of the City of New York, Kings County Division, in a situation where a case has been removed to that court from the Supreme Court after a denial of a preference in the Supreme Court and the removal upon stipulation of...

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