DI RUSSO v. GRANT


28 A.D.2d 847 (1967)

Elizabeth Di Russo et al., Respondents, v. David W. Grant, an Infant, by His Father, Charles Grant, et al., Appellants

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

July 5, 1967


The order appealed from granted a motion by plaintiffs to restore a negligence action to the Trial Calendar about nine months after the action had been marked "settled" at a pretrial conference before a Justice of the court. The affidavit in support of the motion asserted only that the plaintiffs "absolutely refused to accept" the amount agreed upon by their attorney. Plaintiffs did not appear at the negotiations in person, but through said attorney who, by his appearance...

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