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TINO v. FLYNN

13 A.D.2d 490 (1961)

Cosmo Tino, Plaintiff, and Vincenza Boggia, as Administratrix of The Estate of Maria Boggia, Deceased, Respondent, v. Patrick R. Flynn et al., Respondents-Appellants, and Frank Vagnone et al., Appellants-Respondents

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

March 28, 1961

Orders entered on December 6, 1960, insofar as they denied the motions by defendants to strike the case from the calendar are unanimously reversed, without costs, and the motions granted to the extent of striking the case from the calendar, and plaintiffs' cross motion to restore granted to the extent of remanding the motion to Trial Term, Part I, of Bronx County, for a hearing on the facts and circumstances surrounding the settlement stipulation with particular reference...

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