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Appellate Division of the Supreme Court of New York, 1937

Ferraro v. Denton

Ferraro v. Denton
Appellate Division of the Supreme Court of New York · Decided January 29, 1937
249 A.D. 857; 292 N.Y.S. 920; 1937 N.Y. App. Div. LEXIS 10019
Ferraro v. Denton

Opinion of the Court

Order in so far as appealed from reversed upon the *858law, without costs, and motion denied, without costs. Defendants were united in interest within the meaning of section 1476 of the Civil Practice Act and under the circumstances disclosed by this record it was an improper exercise of discretion to award costs to respondent. Lazansky, P. J.,- Carswell, Johnston, Adel and Close, JJ., concur.

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