MURPHY v. RUEMENAPP


39 A.D.2d 923 (1972)

Harriet Murphy et al., Plaintiffs, and Pearl Rhodes et al., Appellants-Respondents, v. Jens Ruemenapp, Respondent, and Helen R. Mann et al., Respondents-Appellants

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

June 5, 1972


Order modified, by striking therefrom the decretal provision denying the motion of plaintiffs Rhodes insofar as it was for a special trial preference and substituting therefor a provision granting such relief. As so modified, order affirmed, with $10 costs and disbursements to appellants-respondents jointly against defendants appearing separately.

In our opinion, Special Term improvidently exercised its discretion in denying...

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