DOWLING v. BIRNBAUM


31 A.D.2d 927 (1969)

Henry Dowling, as Administrator of The Estate of Viola Ables, Deceased, Respondent, v. Sam Birnbaum et al., Defendants, and Arthur Lippman, Appellant

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

March 3, 1969


Order affirmed, with $10 costs and disbursements.

We feel the extraordinary combination of misfortunes which affected plaintiff's surviving attorney was responsible for the delay in prosecuting the action; and, absent any substantial prejudice to appellant, the interests of justice warranted the learned Special Term in denying...

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