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GOLD v. BLUVSHTEIN

18 A.D.2d 671 (1962)

Harriette Gold et al., Respondents, v. Jacob Bluvshtein, Appellant

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

December 10, 1962

Order reversed, without costs, and motion denied.

In our opinion, the Special Term improvidently exercised its discretion in vacating the prior order dismissing the complaint for plaintiffs' failure to prosecute. The excuse that plaintiffs' inactivity for 42 months after joinder of issue was due to inadvertence is insufficient to warrant vacatur of such prior order (Siegel v. City of New York, 16 A.D.2d 679; Topp v. Casco...

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