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PRESTI v. CITY OF NEW YORK

19 A.D.2d 623 (1963)

Mary Presti, as Executrix of Theresa P. Intrabartolo, Deceased, Appellant, v. City of New York, Respondent

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

June 3, 1963

Order affirmed, with $10 costs and disbursements.

Under the circumstances disclosed by the record, the order is appealable (Acosta v. Miller Transp. Co., 276 App. Div. 1005); and it was within the power of Special Term to pass on the merits of the plaintiff's application (Sanick v. Schauder, 15 A.D.2d 801). However, we find no improvident exercise of discretion in the denial...

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