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MUSCO v. CONTE

34 A.D.2d 796 (1970)

Fanny Musco, as Administratrix of The Estate of Salvatore Musco, Deceased, Appellant, v. John L. Conte, Defendant and Third-Party Plaintiff-Respondent, X. R. C. Realty Corporation et al., Respondents; Yonkers General Hospital et al., Third-Party Defendants-Respondents

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

May 11, 1970

Order reversed, on the law and the facts, with a single bill of $10 costs and disbursements jointly against respondents filing separate briefs, and motions 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. Marco v. Sachs,

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