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CARDOZO v. GULACK

30 A.D.2d 42 (1968)

Benjamin M. Cardozo, Doing Business as Cardozo & Cardozo, Respondent, v. Marjorie M. Gulack, Defendant, and Irving Gulack, Appellant

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

April 30, 1968.

Attorney(s) appearing for the Case

Benjamin Adler for appellant.

James Harrington of counsel (Kissam & Halpin, attorneys), for respondent.

BOTEIN, P. J., STEVENS and RABIN, JJ., concur in Per Curiam opinion; EAGER and McGIVERN, JJ., dissent in opinion.

Per Curiam.

This court, in June, 1963, affirmed an order denying a motion by appellant for summary judgment dismissing the complaint herein (Cardozo v. Gulack, 19 A.D.2d 697). In May, 1967 appellant moved to dismiss the action for failure to prosecute, and in the alternative applied again for summary judgment, citing events subsequent to the earlier denial in justification. He was awarded neither relief, and...

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