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MATTER OF KORNFELD v. WAGNER

12 N.Y.2d 348 (1963)

In the Matter of Aaron Kornfeld, Petitioner, and Hyman Lazarowitz, Appellant, v. Werner Wagner, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

Robert Long and Jack J. Albert for appellant.

Samuel S. Baranow and Joseph A. Owens for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Chief Judge DESMOND.

Although there is some argument about it in the briefs, this litigated matter is quite plainly a special proceeding (of the same sort as Matter of Victor v. de Maziroff, 300 N.Y. 631, 686) brought under section 110-a of the Civil Practice Act for removal of an action from a court of limited jurisdiction (former City Court, Kings County) to the Supreme...

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