ARCOLEO v. NEGENTEN REALTY, INC.


15 A.D.2d 774 (1962)

Anthony Arcoleo, as Administrator of The Estates of Jennie Arcoleo, Deceased, and of Anthony Arcoleo, Jr., Deceased, Appellant, v. Negenten Realty, Inc., et al., Respondents

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

February 27, 1962


Order, entered June 28, 1961, granting defendants' motion to dismiss death action for failure to prosecute, unanimously affirmed, with $50 costs and disbursements to respondents.

Plaintiff-appellant, however, in the exercise of discretion, is granted leave to move to vacate such dismissal within 30 days after service of the order entered herein, with notice of entry, upon tender and payment of $250 additional costs, together...

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