DA RIN v. CARDONE


28 Misc.2d 511 (1960)

Grace Da Rin, Respondent, v. Rose Cardone, as Executrix of Maria Cardone, Deceased, et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 23, 1960


Attorney(s) appearing for the Case

Irving Segal and Sidney Advocate for appellants.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

No adequate excuse for failure to move to restore the case within the one-year period provided in subdivision (c) of rule XV of the Rules of the City Court of the City of New York was given. Therefore no discretion existed to grant the relief.

The order should be reversed, with $10 costs and disbursements, and motion denied.

Order...

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