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JENSEN v. SHADY PINES, INC.

32 A.D.2d 648 (1969)

John Jensen, Individually and as Parent and Natural Guardian of Jill Jensen, an Infant, et al., Respondents, v. Shady Pines, Inc., et al., Defendants, and Sam Gross, Individually and Doing Business as Gross Construction Company, Appellant

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

May 12, 1969

Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted.

The examination shall proceed at a time and place to be specified in a written notice of not less than 10 days, to be served by appellant. The notice of appeal is hereby amended to show that the appeal is from said order, instead of from the decision on which it was based (CPLR 5520, subd. [c]). In our opinion, Special Term erred in denying the motion. Appellant has not...

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