BARRADA v. TARGET CONSTR. CORP.


31 A.D.2d 810 (1969)

Sam Barrada et al., Appellants, v. Target Construction Corp. et al., Defendants-Respondents and Third-Party Plaintiffs, et al., Third-Party Defendant

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

February 3, 1969


Order reversed, on the law and the facts and in the exercise of discretion, without costs, and plaintiffs' motion granted, upon condition that within 10 days after entry of the order hereon plaintiffs' attorneys pay defendants $250; otherwise, order affirmed, with $50 costs and disbursements.

Ordinarily, the discretion of the learned Justice at Special Term on a motion of this character would not be disturbed. However, we have concluded that under the facts presented...

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