BARNES v. UTIL. LINES, INC.


12 A.D.2d 524 (1960)

Frances Barnes et al., Appellants, v. Utility Lines, Inc., Respondent

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

November 28, 1960


Order affirmed, with $10 costs and disbursements, with leave to plaintiffs, if so advised, to move at Special Term to vacate the said order on proper affidavits by plaintiffs showing the merits of the action.

While ordinarily the discretion of the learned Justice at Special Term on a motion of this character would not be disturbed, it is our opinion that the combination of circumstances here, namely: (a) the illness of the plaintiffs' attorney (cf. Parker v. Stiriz...

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