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MATTER OF GOLDEN v. SMOLER

26 A.D.2d 577 (1966)

In the Matter of Howard Golden et al., Appellants, v. Harry Smoler et al., Respondents

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

June 20, 1966

Judgment reversed insofar as appealed from, on the law and the facts, without costs; application granted in all respects; and designating petition invalidated in toto. Findings of fact in the court below which are inconsistent herewith are reversed and new findings are made as indicated herein.

In our opinion, the evidence of fraud in obtaining a large percentage of the signatures was sufficient to invalidate the designating...

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