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WOLF v. ASSOCS. DISC. CORP.

12 A.D.2d 241 (1961)

Ettie Wolf, Appellant, v. Associates Discount Corporation et al., Respondents

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

January 31, 1961

Attorney(s) appearing for the Case

Charles A. Cohen of counsel (Jerome A. Bauman with him on the brief; Levin, Rosmarin & Schwartz, attorneys), for appellant.

Samuel Schwartz of counsel (Rood & Schwartz, attorneys), for Associates Discount Corporation, respondent.

Burton Citak for Wallace Prezant, respondent.

Harry R. Schwartz for Abraham Fisher, respondent.

BOTEIN, P. J., VALENTE, STEVENS, EAGER and BERGAN, JJ., concur.

Per Curiam.

This action, based on gross negligence attributed to defendants which led to plaintiff's arrest in Florida in 1956, has been dismissed both because of a default in pleading and because of failure to prosecute. The papers and exhibits in the record sufficiently suggest the existence prima facie of an actionable wrong.

The action was commenced in 1956 and on October 9, 1956, on motion of defendant...

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