VITTORINO v. CITY OF NEW YORK


22 A.D.2d 883 (1964)

Richard Vittorino, an Infant, by His Guardian ad Litem, Josephine Vittorino, et al., Appellants, v. City of New York et al., Respondents

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

December 17, 1964


Order entered October 22, 1964, denying plaintiffs' motion to vacate a dismissal of the complaint for failure to proceed to trial, unanimously reversed on the law, on the facts, and, in the exercise of discretion, with $75 costs and disbursements to appellants, the motion to vacate the dismissal is granted, and the action is ordered restored to the Ready Personal Injury Jury Calendar, Supreme Court, Bronx County.

It was an improvident exercise of discretion to dismiss...

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