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BERNSTEIN v. ZAWASKI

32 A.D.2d 762 (1969)

Leon Bernstein, Respondent, v. Alexander Zawaski et al., Doing Business as Zawaski Brothers, Appellants

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

June 17, 1969

Appeal dismissed without prejudice to an application by appellants at Special Term to vacate the ex parte order entered January 29, 1969 striking their answer and directing an assessment of damages, with $30 costs and disbursements to respondent.

When we denied plaintiff's prior motion to dismiss the appeal the record did not disclose sufficient facts from which it could be determined that the appeal was from an ex parte...

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