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  5. 63 A.D.2d 1010 (1978)
 

MATTER OF FARALDO v. STANDARDBRED OWNERS ASS'N, INC.

63 A.D.2d 1010 (1978)

In the Matter of Joseph A. Faraldo, Appellant, v. Standardbred Owners Association, Inc., et al., Respondents

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

June 20, 1978

Judgment reversed, on the law, with $50 costs and disbursements payable by the respondents who have filed a brief, motion to dismiss petition denied, and proceeding remitted to Special Term for a hearing in accordance herewith.

Special Term erred in dismissing the petition without a hearing. The petition raised factual issues and, in accordance with section 618 of the Not-For-Profit Corporation Law, the court should have...

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