D'APRILE v. SCHOENFIELD


25 A.D.2d 722 (1966)

Frank D'Aprile, Respondent, v. Lee Schoenfield et al., as Copartners Doing Business as Gable Associates, et al., Appellants

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

April 5, 1966


Order entered on October 13, 1964, granting plaintiff's motion to vacate order of November 13, 1961 dismissing case for nonappearance of plaintiff at calendar call, and to restore case to nonpreferred calendar reversed on the law, on the facts, and in the exercise of discretion, with $30 costs and disbursements to the appellants, and the motion denied.

This is a classic case of failure to prosecute. The action, brought to recover damages for personal injuries alleged...

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