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KLEIN v. WEINGARTEN & CO.

54 A.D.2d 558 (1976)

Ernest Klein, Appellant, v. Weingarten & Co. et al., Respondents. Ernest Klein, Appellant, v. Bonnie W. Lass, as Administratrix of The Estate of Herman Lass, Deceased, et al., Respondents

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

September 20, 1976

Order dated May 13, 1974 affirmed insofar as appealed from, and orders dated November 10, 1975 and March 3, 1976 affirmed, with one bill of $50 costs and disbursements jointly to respondents.

Upon the facts presented herein, Special Term properly dismissed the action (1) as against defendants Weingarten & Co. and Mabon, Nugent & Co., based upon the prior State action and (2) as against the remaining defendants, for failure...

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