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MARLBORO PRODUCTS CORP. v. DAYTON SMITHTOWN CORP. ET AL. (10/07/69)

October 7, 1969

MARLBORO PRODUCTS CORP., APPELLANT,
v.
DAYTON SMITHTOWN CORP. ET AL., DEFENDANTS, AND CITY OF NEW YORK, RESPONDENT



Concur -- Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.

This determination of the appeal on the merits is in conformity with the decision of this court in Sanchez v. City of New York (25 A.D.2d 731) and the Corporation Counsel so concedes.

Disposition

Order entered February 4, 1969, unanimously reversed, on the law, with $50 costs and disbursements to appellant, and motion for leave to file an amended claim against defendant city granted.

19691007

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