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WADE v. CATALANO

32 A.D.2d 845 (1969)

Martin Wade, an Infant, by Martha Wade, His Mother and Natural Guardian, et al., Respondents, v. Frank Catalano et al., Appellants

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

June 30, 1969

Order reversed, on the law and the facts, without costs, and without prejudice to any future application by plaintiffs for a preference.

Absent a factual showing as a predicate for the finding that defendants failed to and did not want to co-operate in negotiating a settlement, it was an improvident exercise of discretion to direct the preference (Marcus v. Schwartz, 26 A.D.2d 943

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