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JUDSON v. THREE D BLDG. CORP.

18 A.D.2d 232 (1963)

Thomas F. Judson, Respondent, v. Three D Bldg. Corp. et al., Defendants, and Empire Discount Corporation, Appellant

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

April 4, 1963.

Attorney(s) appearing for the Case

Relin, Relin & Celona (Nathan Relin of counsel), for appellant.

Harris, Beach, Keating, Wilcox, Dale & Linowitz (Robert J. Mooney of counsel), for respondent.

WILLIAMS, P. J., GOLDMAN, HALPERN and HENRY, JJ., concur.

BASTOW, J.

The defendant, Empire Discount Corporation (herein "Empire"), appeals from an order denying its motion to dismiss this action for failure to prosecute. Empire further appeals from an order thereafter made confirming the report of a Referee appointed to compute and a judgment of foreclosure and sale entered upon the report. The action was commenced on February...

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