GUHL v. MARTIN


29 A.D.2d 858 (1968)

Maclyn Guhl, Respondent, v. Jack Martin, Appellant

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

March 26, 1968


Order, entered June 8, 1967, denying "Motion for renewal and reargument" of dismissal of counterclaims for lack of prosecution, unanimously affirmed, with $30 costs and disbursements to the respondent.

Special Term was not bound as a matter of course to vacate its prior decision granting plaintiff's motion to dismiss the counterclaims for lack of prosecution. Under the circumstances and on the basis of the papers submitted to it, there was ample justification for...

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