MAHONEY v. CITY PLUMBERS SUPPLY, INC.


25 A.D.2d 565 (1966)

Marie A. Mahoney et al., Appellants, v. City Plumbers Supply, Inc., et al., Respondents

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

February 28, 1966


Order reversed, with $10 costs and disbursements, and application granted.

In our opinion, the uncontradicted facts are sufficient to warrant a verdict in excess of $10,000. We are also of the opinion that, since defendants had the opportunity to oppose the application within eight days after the service of the notice claiming a preference, as provided in rule II of part six of the rules of this court regulating preferences, plaintiffs' application was not ex parte...

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