BELARDO v. THENRY INC.


19 A.D.2d 792 (1963)

Rosita Belardo, as Administratrix of The Estate of Bienvenido Belardo, Deceased, et al., Respondents, v. Thenry Inc., et al., Appellants

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

September 30, 1963


Order modified on the facts and in the exercise of discretion by striking out its two decretal paragraphs, and by substituting therefor a paragraph granting unconditionally defendants' motions to dismiss the complaint. As so modified, order, insofar as appealed from, affirmed, without costs.

In our opinion, under the circumstances here, the conditional granting of the motions constituted an improvident exercise of discretion. The plaintiffs failed to show a reasonable...

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