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Romick v. Fried Trading Corp.

25 A.D.2d 848 Court N.Y. App. Div. Decision date 1966-05-26 English

Judges Concur — Botein, P. J., McNally, Eager, Steuer and Capozzoli, JJ.

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p. 848
Meyer M. Romick et al., Doing Business as Romick’s International Tobacco Co., Appellants, v. Fried Trading Corp. et al., Respondents, and Romick’s International, Inc., Intervenor-Appellant.

Order, entered on the 9th day of May, 1966, unanimously modified on the facts and in the exercise of discretion to permit intervention on condition that plaintiffs pay a full bill of costs to date, including $30 costs and disbursements of this appeal, with leave to defendants to move to set the ease down for trial on a day certain; otherwise affirmed. Under the circumstances we believe that intervention should be permitted for the purpose of a proper and expeditious disposition of this case.

Concur — Botein, P. J., McNally, Eager, Steuer and Capozzoli, JJ.