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BARONE v. GANGI

34 A.D.2d 889 (1970)

Rachael Barone, Appellant, v. Alfred C. Gangi et al., Respondents. (Appeal No. 1)

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

May 21, 1970

Order unanimously reversed, without costs, and motion granted.

Memorandum:

In the absence of exceptional and extraordinary circumstances, we consider it an abuse of discretion to grant relief from a preclusion order. (Gonsa v. Licitra, 6 A.D.2d 755; Clements v. Peters, 33 A.D.2d 1096.) While we are not departing from that policy, we believe that under the particular circumstances...

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