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FINEGAN v. APOLITO

21 Misc.2d 881 (1960)

Patricia Finegan, an Infant, by Thomas M. Finegan, Her Guardian ad Litem, et al., Plaintiffs, v. Andrew Apolito et al., Defendants.

Supreme Court, Special Term, Kings County.

January 4, 1960.

Attorney(s) appearing for the Case

Gerard M. Carey for plaintiffs.

Lynch, Smith & Kelly for Andrew Apolito and another, defendants.

Charles H. Tenney, Corporation Counsel, for City of New York, defendant.

JACOB J. SCHWARTZWALD, J.

On this motion to set aside the plaintiffs' default in failing to appear in opposition to two motions brought on by the defendants severally, constituting two individuals and the City of New York, to dismiss unconditionally the complaint in a negligence action for lack of prosecution under rule 156 of the Rules of Civil Practice, the defendants consented in open court to vacate the...

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