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KUNSTADT v. TIETELBAUM

36 A.D.2d 744 (1971)

Otto Kunstadt et al., Respondents, v. Wolf Tietelbaum et al., Defendants and Third-Party Plaintiffs-Appellants. Westchester Fire Insurance Company et al., Third-Party Defendants-Respondents

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

March 15, 1971

Order modified by striking therefrom the second decretal paragraph, which granted the cross motions of plaintiffs and third-party defendant Baldassare, and substituting therefor a provision denying said cross motions. As so modified, order affirmed, with one bill of $10 costs and disbursements to appellants against respondents Donald E. Hernly, Inc., and Patsy Baldassare jointly.

In our opinion, the Special Term abused its discretion in holding, pursuant to CPLR 1010...

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