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KENNILWOOD OWNERS ASS'N, INC. v. SPANIER

42 A.D.2d 571 (1973)

Kennilwood Owners Association, Inc., Appellant, v. Irving Spanier et al., Respondents

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

June 4, 1973

Order affirmed, with $20 costs and disbursements.

No opinion.

Hopkins, Acting P. J., dissents and votes to reverse the order and to grant plaintiff's motion, with the following memorandum, in which Christ, J., concurs:

Plaintiff sued for a judgment declaring that defendants have no right to the use of plaintiff's pool facilities. Issue was joined and the case appeared on the calendar for trial. Before the case was reached for trial, a...

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