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SCHUMAN v. HERTZ CORP.

17 N.Y.2d 604 (1966)

Ruth Schuman, as Administratrix of The Estate of Henry Schuman, Deceased, Appellant, v. Hertz Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1966.

Attorney(s) appearing for the Case

Irving Malchman for appellant.

Stanley Roth for respondents.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

The order of the Appellate Division is reversed, without costs, and the matter is remitted to Supreme Court, Bronx County, for further proceedings. The record before us indicates that the dismissal of the original suit was not intended by the Justice presiding to be a dismissal for neglect to prosecute. We call particular attention to the fact that the same Justice who dismissed the original action also denied...

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