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BEHRINGER v. TURK

283 A.D. 660 (1954)

William Behringer, Appellant, v. Gabriel Turk et al., Respondents

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

January 11, 1954.

As thus modified the first ordering paragraph is affirmed, without costs; the payment to be made within ten days after the entry of the order hereon. Appeal from the second ordering paragraph dismissed, without costs.

Under all the facts and circumstances, the plaintiff should not be deprived of his day in court, and the motion should have been granted upon suitable...

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