DI RUSSO v. KRAVITZ


27 A.D.2d 926 (1967)

Joseph Di Russo, Respondent, v. Daniel Kravitz, Appellant. [11442.]

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

April 27, 1967


Order filed April 14, 1966 denying defendant's motion for leave to renew a motion previously made pursuant to CPLR 3012 (subd. [b]) reversed on the law, the facts, and in the exercise of discretion, and the motion to renew is granted, with $50 costs and disbursements to defendant and the case dismissed nunc pro tunc as of November 29, 1963.

The original motion to dismiss the action was made pursuant to CPLR 3012 (subd. [b]) on the ground that plaintiff had...

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