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FRANK v. HOWARD COOP. CORP.

47 A.D.2d 920 (1975)

Merrill Frank et al., Appellants, v. Howard Cooperative Corp. et al., Respondents

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

April 21, 1975

Appeal insofar as it is with respect to defendant Anker dismissed, without costs. Judgment, insofar as it is with respect to defendant Howard, reversed, on the law, action severed as to said defendant and new trial granted, with costs to abide the event.

This appeal did not raise questions of fact and none were considered. Since plaintiffs consented to the motion of defendant Anker to dismiss the complaint as to it, they...

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