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HODGE v. 117 JEFFERSON CORP.

39 Misc.2d 92 (1963)

Anne Hodge et al., Respondents, v. 117 Jefferson Corporation, Appellant.

Supreme Court, Appellate Term, Second Department.

March 15, 1963

Attorney(s) appearing for the Case

Bivin & Welch (George S. Evans of counsel), for appellant. Pokorny Schrenzel & Pokorny (Sheridan Albert of counsel), for respondents.

Concur — DI GIOVANNA, J., in opinion, in which PETTE, J., concurs.

EILPERIN, J.

The sole ground urged for reversal was the alleged disqualification of the Trial Judge under rule II of the Rules on Conciliation, System A. of the Municipal Court of the City of New York. This rule, which was in effect when the action came on for trial, provided that a Justice who has made a conciliation effort "shall not preside at the trial of any case in which he undertakes to bring about a conciliation unless by

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