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SCHIAVONE v. LAVIANO

22 A.D.2d 684 (1964)

William Schiavone, an Infant, by John Schiavone, His Guardian ad Litem, et al., Appellants, v. John Laviano, Respondent

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

October 5, 1964

Defendant has not appeared or filed a brief in opposition to this appeal. The second order denying the motion for leave to renew is reversed, with $10 costs and disbursements; the motion is granted; and upon such renewed motion the general preference in trial is granted unconditionally. The appeal from the first order denying the original application for the preference is dismissed, without costs as academic. On this record, it is...

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