REIS v. BADIAN


19 A.D.2d 759 (1963)

Joan M. Reis, by Ruth Reis, Her Guardian ad Litem, et al., Respondents, v. Robert Badian, Appellant

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

July 15, 1963


It does not appear upon the record before us that the failure to show merit to the plaintiffs' action was raised by defendant in opposition to the motion to modify the prior order of dismissal. In the circumstances presented we think that Special Term did not improvidently exercise its discretion. (Salvaggio v. California Packing Co., 12 A.D.2d 557.)

Order unanimously affirmed,...

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