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HOROWITZ v. BAY TERRACE COOP. SECTION X, INC.

35 A.D.2d 953 (1970)

Minnie Horowitz et al., Respondents, v. Bay Terrace Cooperative Section X, Inc., Appellant

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

December 7, 1970

Appeal from order dated April 13, 1970 dismissed as academic in view of the determination herein on the appeal from the order dated March 10, 1970. Order dated March 10, 1970 reversed, on the law and the facts, defendant's original motion to dismiss the complaint granted and plaintiffs' cross application for an extension of time within which to serve the complaint denied. Appellant is awarded a single bill of $10 costs and disbursements to cover both appeals.

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