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FITZPATRICK v. MISTER DONUT OF AM., INC.

84 A.D.2d 758 (1981)

Dennis M. Fitzpatrick et al., Respondents, v. Mister Donut of America, Inc., Appellant

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

November 9, 1981

Order reversed, on the law, without costs or disbursements, and motion denied.

No fact findings were presented for review. In view of this court's prior determination adjudicating the rights of the parties, Special Term was without power to grant the motion (Fitzpatrick v Mister Donut of Amer., 78 A.D.2d 647, app dsmd by Court of Appeals Feb. 10, 1981, mot to vacate order of dismissal den March 26, 1981; cf. Rainbow v...

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