MATTER OF HESSELBARTH v. FRANKEL


23 A.D.2d 645 (1965)

In the Matter of Otto Hesselbarth, Appellant, v. Samuel Frankel, Respondent

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

March 16, 1965


Order, entered on October 21, 1964, denying plaintiff's application pursuant to CPLR 325 (subd. [b]) to remove the case from the Civil Court, Bronx County, to the Supreme Court, unanimously reversed on the law and on the facts, without costs or disbursements; and the application granted. The proposed amended complaint shall be served within 10 days after the entry of the order hereon.

In our opinion, the affidavits in support of the application, which include affidavits...

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