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BROOKS v. WAHN

18 A.D.2d 1096 (1963)

Arlene Brooks et al., Respondents, v. Henry A. Wahn, Jr., Appellant, and David M. Baker et al., Respondents. (Action No. 1.) Joseph M. Fitzpatrick et al., Respondents, v. Henry A. Wahn, Jr., Appellant, and David M. Baker et al., Respondents. (Action No. 2.) Henry A. Wahn, Jr., Respondent, v. David M. Baker et al., Respondents. (Action No. 3.)

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

April 22, 1963

Order of November 26, 1962, reversed, without costs, and preference vacated, without prejudice to a further application for a preference, if plaintiffs be so advised (Abramson v. Kenwood Labs., 17 A.D.2d 626). Order of January 29, 1963, modified by deleting so much of its third decretal paragraph as grants a preference in trial to the consolidated actions. As so modified, order affirmed,...

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