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HAGSTROM v. CAULFIELD

69 A.D.2d 831 (1979)

Robin A. Hagstrom, Respondent, v. Anthony Caulfield et al., Respondents and John J. Flynn, Appellant

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

April 9, 1979

Order affirmed, with $50 costs and disbursements.

No opinion.

Cohalan, J., dissents, and votes to reverse the order and grant the motion, with the following memorandum:

The record does not indicate that the granting of this motion would result in "clear and disabling prejudice" to the plaintiff (see Dransfield v Eastern Seaboard Warehouse Corp., 43 A.D.2d 569, 570). Even if the appellant's original...

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