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BLOCK v. FAIRBAIRN

68 Misc.2d 931 (1972)

Nancy R. Block et al., Plaintiffs, v. Howard Fairbairn et al., Defendants.

Supreme Court, Special Term, Ulster County.

January 5, 1972

Attorney(s) appearing for the Case

Streifer & Barnovitz for plaintiffs. McCann, Ahern & Sommers for defendants.

EDWARD S. CONWAY, J.

The plaintiffs made a request to this court for reconsideration of its decision by opinion mailed December 22, 1971 in the above-entitled action and submitted certain cases in support of its request, some of which decisions are considered in this supplemental opinion.

In 1958 the Appellate Division, Second Department, in Szarf v. Blumenfeld (5 A.D.2d 887) stated: "Item `1' is improper...

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