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FAREWELL v. MILBANK

284 A.D. 898 (1954)

William Farewell et al., Respondents, v. Samuel R. Milbank, Appellant

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

October 18, 1954.

There was no sufficient showing warranting the exercise of discretion in favor of granting the preference. (Cf. Quinlan v. Schaefer Brewing Co., 279 App. Div. 805; O'Callaghan v. Brawley, 276 App. Div. 908; Braver v. Davis, 277 App. Div. 879; Pitrello v. Garro, 278 App. Div. 770, and Svei v. Minck Bros., 279 App. Div. 597.) The authorities relied on by plaintiffs (Belcher v. Erie R. R. Co., 280 App. Div. 796; Bernstein v. Strammiello...

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