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LEVINE v. LEVY

31 A.D.2d 289 (1969)

Victor Levine, as Trustee, Appellant, v. Leonard P. Levy, Respondent

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

February 20, 1969.

Attorney(s) appearing for the Case

Pinsky, Canter & Pinsky and Mackenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for appellant.

Copal Mintz for respondent.

GOLDMAN, P. J., BASTOW and HENRY, JJ., concur in Per Curiam opinion; DEL VECCHIO, J., dissents and votes to grant plaintiff's cross application in memorandum.

Per Curiam.

This action was commenced in March, 1953 to recover $30,000 claimed to be due plaintiff under a contract for the sale of a share in a contingent remainder interest in a testamentary trust. A note of issue was filed on September 23, 1953. Thereafter the case was marked over the term several times and finally on November 8, 1954 it was marked "off" the calendar.

Subdivision 2 of rule 302 of the Rules...

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