DIETZ v. DIETZ


12 A.D.2d 972 (1961)

Lawrence Dietz, Jr., Appellant, v. Lucie M. Dietz, Respondent

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

February 20, 1961


Order modified as follows: (1) by extending until March 1, 1961, plaintiff's time to serve and file a notice to restore the action to the calendar for trial at the earliest available date to be fixed by the clerk of the court, in the event that prior to March 1, 1961 the plaintiff shall have paid the $50 costs; and (2) by denying his motion unconditionally without costs, instead of with $50 costs, in the event that plaintiff shall not have paid said costs within the time...

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