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DONALD BERG v. LIBERTY TOOL & DIE CORP. (12/11/69)

December 11, 1969

DONALD BERG, RESPONDENT,
v.
LIBERTY TOOL & DIE CORP., APPELLANT



Appeal from order of Monroe Special Term granting motion to modify preclusion order.

Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.

Memorandum: The granting of the motion by Special Term was an improvident exercise of discretion.

Disposition

Order unanimously reversed, without costs and motion denied.

19691211

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