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LEVINE v. CITY OF NEW YORK

3 A.D.2d 682 (1957)

Essie Levine et al., Respondents, v. City of New York, Appellant

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

January 30, 1957

Order affirmed, with $10 costs and disbursements.

We do not agree with the learned Special Term that the failure to file a note of issue in this case was occasioned by the engagement of respondents' attorney in attendance at the pretrial sessions of the court. In our opinion, however, such omission was not the result of any willful or deliberate act. Under the circumstances of this case, where appellant has concededly suffered...

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