PUGLIESE v. CITY OF NEW YORK


18 A.D.2d 981 (1963)

Josephine Pugliese et al., Appellants, v. City of New York, Respondent

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

March 12, 1963


Order, entered on June 6, 1962, denying plaintiffs' motion to vacate the dismissal for failure to proceed to trial, unanimously reversed in the exercise of discretion, with $20 costs and disbursements to appellants, and motion granted.

In the circumstances of this case the dismissal was improvident and the motion to vacate should have been granted. This case appeared on the calendar for the first time on March 28, while the attorney for the plaintiffs was abroad....

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