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Petrecca v. J. Carotenuto & Sons, Inc.

23 A.D.2d 656 Court N.Y. App. Div. Decision date 1965-03-30 English

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p. 656
Gloria Petrecca, Appellant, v. J. Carotenuto & Sons, Inc., et al., Respondents. (Action No. 1.) In the Matter of the Estate of Vincenzo A. Carotenuto, Deceased. Alba Carotenuto, as Administratrix of the Estate of Vincenzo A. Carotenuto, Deceased, Respondent. (Action No. 2.)

Order, entered on January 19, 1965, denying a motion by plaintiff in Action No. 1 to consolidate Actions No. 1 and No. 2 and to remove Action No. 2 from the Surrogate’s Court to the Supreme Court, unanimously affirmed, with $30 costs and disbursements to respondents. The court, in affirming, does so in the exercise of discretion and does not find it necessary to reach the question of power. Concur — Breitel, J. P., Valente, McNally, Stevens and Eager, JJ.