RIOS v. NEW YORK CITY TRANSIT AUTH.


35 A.D.2d 804 (1970)

Juan L. Rios, Individually and as Administrator of The Estate of Julia Rios, Deceased, Appellant, v. New York City Transit Authority, Respondent

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

November 19, 1970


The motion is granted, the dismissal is vacated and the case is restored to the Trial Calendar. Plaintiff-appellant shall recover of defendant-respondent $50 costs and disbursements of this appeal.

Upon the call of the calendar on October 3, 1969, plaintiff's counsel submitted an affidavit of actual engagement of trial counsel and requested an adjournment. The application was denied and in our view properly so. But plaintiff then requested that the case be marked...

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