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SCARBOROUGH v. ZIMMON

59 N.Y.2d 945 (1983)

Lucille M. Scarborough et al., Appellants, v. David S. Zimmon et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Brian J. Barney for appellants.

Richard S. Tubiolo for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this case the Appellate Division did not reverse the order of Special Term as a matter of law, but rather in the exercise of its own discretion as a substitute for that of Special Term. That it was authorized to do, and we cannot conclude that in so doing it erred as a matter of law (Scarborough v Zimmon, 56...

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