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MURRAY v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

60 A.D.2d 570 (1977)

Thomas J. Murray et al., Appellants, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Respondents

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

December 5, 1977

Order dated November 16, 1976 dismissed as academic. That order was superseded by the order made upon reargument. Order dated April 1, 1977, affirmed insofar as appealed from.

Respondents are awarded one bill of $50 costs and disbursements to cover both appeals. Under the circumstances presented, the Special Term did not abuse its discretion in denying plaintiffs' motion, which, in effect, sought to increase the ad damnum...

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