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Pagliughi v. Serri

270 A.D. 859 Court N.Y. App. Div. Decision date 1946-03-25 English

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p. 859
Frank Pagliughi, Respondent, v. Frank Serri et al., as Executors and Trustees under the Will of Mary R. Pagliughi, Deceased, et al., Appellants, et al., Defendants.

Action for specific performance of an alleged oral agreement claimed by plaintiff to have been made between himself and his foster mother, now deceased. Appeal by executors and trustees of the said decedent from an order vacating 'a prior order of preclusion and permitting plaintiff to serve a new and amended bill of particulars. Order affirmed, with $10 costs and disbursements. No opinion. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.