BRISKMAN v. KUSHNER


33 A.D.2d 1042 (1970)

Lynne I. Briskman, Appellant, v. Robert E. Kushner et al., Respondents

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

February 25, 1970


Order reversed insofar as appealed from, on the law and the facts, with one bill of $10 costs jointly against respondents filing separate briefs, and motions for leave to file a statement of readiness and to vacate the dismissal of the action granted.

In our opinion, the record sufficiently establishes that plaintiff never intended to abandon the action. Absent demonstrated prejudice to defendants, it was an improvident exercise of discretion to deny the motion (cf...

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