BECKER v. WEST


15 A.D.2d 494 (1961)

James B. Becker, an Infant, by John R. Becker, His Guardian ad Litem, et al., Respondents, v. Mary H. West et al., as Executors of Edward M. West, Deceased, et al., Appellants

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

December 4, 1961


Order reversed, without costs, and motion denied.

The accident occurred in January, 1954; the action was commenced in January, 1955; and issue was joined the following month. On October 2, 1957, the action was struck from the calendar because of plaintiffs' failure to file a statement of readiness. One year later, the action was dismissed pursuant to rule 302 of the Rules of Civil Practice. About two years after the dismissal of the complaint, an attorney who was...

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