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MARCO v. SACHS

4 A.D.2d 785 (1957)

William Marco, as Administrator of The Estate of Harry Marco, Deceased, Appellant and Substituted Appellant, v. Walter E. Sachs et al., Respondents, and Blue Ridge Corporation et al., Appellants, et al., Defendants

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

July 15, 1957

Judgment reversed, without costs. Order on reargument, insofar as appealed from, reversed, without costs, and matter remitted to the Special Term for further proceedings not inconsistent herewith.

The learned Justice at Special Term, in granting the motion to dismiss under section 299 of the Civil Practice Act, apparently was of the opinion that he was precluded from considering the merits of Ida Marco's excuse for failing...

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