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ROSGRO REALTY v. BRAYNEN

70 Misc.2d 808 (1972)

Rosgro Realty Co., Appellant, v. William Braynen et al., Respondents.

Supreme Court, Appellate Term, First Department.

February 17, 1972

Attorney(s) appearing for the Case

Abraham J. Yasgour for appellant. Lorenzo Casanova and Hippocrates P. Kourakos for respondents.

MARKOWITZ, J. P., and QUINN, J., concur; STREIT, J., dissents, in part, in memorandum.

Per Curiam.

The order appealed from was an attempt of a Judge at Special Term of the Civil Court, in violation of the doctrine against collateral vacatur, to review and reverse the prior, subsisting order of a peer Judge made at Trial Term of the Civil Court in a summary proceeding (Mt. Sinai Hosp. v. Davis, 8 A.D.2d 361; Endurance Holding Corp. v. Kramer Surgical Stores...

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