WALKER v. MARX


35 A.D.2d 982 (1970)

Robert Walker, Appellant, v. Francis Marx et al., Respondents

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

December 21, 1970


Order modified by striking therefrom all the decretal provisions except the second, which denied plaintiff's cross motion, and by adding thereto a provision that defendants' motion is denied. As so modified, order affirmed. Judgment reversed.

Appellant is awarded a single bill of $10 costs and disbursements to cover both appeals. In our opinion, there are issues of fact with respect to necessity and...

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