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DI CARPIO v. BABYLON MILK & CREAM CO., INC.

285 A.D. 1084 (1955)

Alfonso Di Carpio et al., Respondents, v. Babylon Milk and Cream Co., Inc., et al., Appellants

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

April 25, 1955.

There was no sufficient showing warranting the exercise of discretion in favor of granting the preference. (Farewell v. Milbank, 284 App. Div. 898, and cases there cited.)

Beldock, J., dissents and votes to affirm the order with the following memorandum:

There is a sufficient showing of destitution to warrant leaving undisturbed the discretion exercised by the Special Term. Plaintiffs have three children. Although plaintiff husband is only...

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