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CLARK v. LIPPES BAKERY, INC.

24 A.D.2d 837 (1965)

Vernon A. Clark, Individually and as Guardian ad Litem of Diane L. Clark, an Infant, Appellant, v. Lippes Bakery, Inc., et al., Respondents John Desmond, Appellant, v. Super Duper, Inc., et al., Respondents

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

October 28, 1965

Order unanimously reversed, with costs, and motion granted.

Memorandum:

In the exercise of a proper discretion the motion should have been granted. (Cf. Great Northern Tel. Co. v. Yokohama Specie Bank, 297 N.Y. 135, 141; Potter v. Clark, 19 A.D.2d 585

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