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FIORE v. FIORE

61 A.D.2d 1004 (1978)

Michael Fiore, Appellant, v. Ferdinand Fiore et al., Individually and as Trustees under The Will of Michael Fiore, Deceased, Respondents

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

March 13, 1978

Order affirmed, with $50 costs and disbursements, upon the opinion of Mr. Justice Barlow at Special Term.

Shapiro, J., dissents and votes to modify the order by (1) deleting the first decretal paragraph thereof and substituting therefor a provision that the cross motion is denied and (2) deleting from the second decretal paragraph thereof the provision denying the branch of plaintiff's motion which sought a preliminary injunction and would remand to Special Term for...

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