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FELLENBAUM v. MILLER

14 A.D.2d 540 (1961)

Bernard Fellenbaum, Respondent, v. Augusta Miller, Appellant, and Henry L. McCarthy, as Commissioner of Welfare of The City of New York, Respondent. (Action No. 1.) Henry L. McCarthy, as Commissioner of Welfare of The City of New York, Respondent, v. Milton M. Karpel et al., Appellants, and Mollie Weiss et al., Respondents. (Action No. 2.)

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

July 5, 1961

Order and judgment modified as follows: (1) by striking out the 12th decretal paragraph and the 16th to the 25th decretal paragraphs inclusive; and by substituting therefor a decretal paragraph denying the motion of the plaintiff, Commissioner of Welfare, for summary judgment, and directing the severance of his action — Action No. 2; (2) by striking out the 13th decretal paragraph, and by substituting therefor a decretal paragraph striking out the answer of the defendant...

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