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ROLLIN v. WM. V. FRANKEL & CO., INC.

290 A.D.2d 368 (2002)

737 N.Y.S.2d 33

LAWRENCE S. ROLLIN et al., Respondents, v. WM. V. FRANKEL & CO., INC., et al., Appellants, et al., Defendants.

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

Decided January 29, 2002.

A finding of "preemption of State law by Federal statute or regulation is not favored," and movant herein did not present grounds to overcome this judicial disinclination (cf., Matter of Brenner [Nomura Sec. Intl.], 228 A.D.2d 67, 70, lv dismissed 90 N.Y.2d 921). As the motion court ruled in a prior order from which no appeal was taken denying dismissal pursuant to CPLR 3211 in part, this...

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