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ARONECK v. ATKIN

78 A.D.2d 980 (1980)

Sanford Aroneck et al., Appellants, v. Morris Atkin et al., Respondents

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

November 13, 1980

Order affirmed, with costs.

Memorandum:

We affirm because plaintiffs have not demonstrated that they have an interest in the litigation; nor have they made a showing of special or extraordinary circumstances (Gardner v Fyr-Fyter Co., 55 A.D.2d 816).

Callahan, J. (dissenting).

I respectfully dissent. In my view it was an improvident exercise of judicial discretion to deny an application...

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