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BRENTON v. TIRIPICCHIO

54 A.D.2d 571 (1976)

Bernard Brenton et al., Appellants, v. Elba D. Tiripicchio et al., Respondents

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

September 27, 1976

Order modified by deleting therefrom all of the words following "is hereby denied" and substituting therefor the following: "with leave to renew upon proof of indigency, including the fact that plaintiff Bernard Brenton is unable to work". As so modified, order affirmed, without costs or disbursements.

Plaintiff Bernard Brenton must establish that the interests of justice will be served by an early trial, but he is not required...

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