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SAVE WAY OIL CO. v. ROSEN

125 Misc.2d 26 (1984)

Save Way Oil Co., Inc., Appellant, v. Harry Rosen, Respondent, et al., Defendants

Supreme Court, Appellate Term, Second Department.

February 29, 1984

Attorney(s) appearing for the Case

Brian A. Sheridan for appellant. Silberzweig & Sznitken (Neil Sznitken of counsel), for respondent.

BUSCHMANN, J. P., JONES and KUNZEMAN, JJ., concur.

MEMORANDUM.

Order dated June 23, 1982 affirmed, without costs. Appeal from order dated July 7, 1982 dismissed as moot. Order dated February 15, 1983 reversed, without costs, and motion granted.

We find that the action of the court on the first order appealed from to be proper in that the notice to appear was not proper or relevant to these actions and was more appropriate for supplementary proceedings. Since the...

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