AVERSA v. RUHTZ


22 A.D.2d 722 (1964)

Josephine Aversa, Appellant, v. Walter M. Ruhtz et al., Respondents

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

October 21, 1964


Per Curiam.

There is some indication that the trial court had not intended the dismissal, upon plaintiff's attorney's failure to appear at the time fixed for trial, to be upon the merits; at the most, the trial court, when asked, failed to make clear whether or not that was its intent. In any event, and under all the circumstances, we conclude that proper exercise of the trial court's discretion required dismissal on terms (CPLR 3216) and that the orders and...

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