General
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
25 A.D.2d 848·New York Supreme Court, Appellate Division·1966·NY
Concur — Botein, P. J., McNally, Eager, Steuer and Capozzoli, JJ.
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Opinion
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.
[MAJORITY]
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.