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MANG v. BENZING

285 A.D. 852 (1955)

Mildred D. Mang, Respondent, v. Magnus P. Benzing, Individually and as Surviving Trustee under a Declaration Trust Made by Magnus A. Benzing, et al., Appellants, et al., Defendant

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

January 5, 1955.

Order reversed on the law, with $10 costs and disbursements and motion granted with $10 costs.

Memorandum:

In a former action against the same defendants, the plaintiff asked for the same relief now demanded in the present action. This court affirmed an order dismissing the complaint in the first action. (281 App. Div. 1067.) In the present action, Special Term has denied a motion of the defendants, Magnus and Frank Benzing, to dismiss the complaint on the...

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