ELIAN v. LYN REALTY CORP.


285 A.D. 869 (1955)

Ellen S. Elian, by Her Guardian ad Litem, Benjamin M. Elian, et al., Appellants, v. Lyn Realty Corp., Respondent

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

February 1, 1955.


Order appealed from reversed without costs and motion to set aside dismissal granted upon condition that plaintiffs file new note of issue and pay another calendar fee, the case to be added to the Day Calendar for a day certain.

In the circumstances shown here, the motion to set aside the dismissal should have been granted on appropriate terms.

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