HAHN v. BINDER


33 A.D.2d 903 (1970)

Caryl Hahn et al., Appellants, v. Blanche Binder, as Executrix of Fischel Bimko, Deceased, Respondent

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

January 29, 1970


Order entered August 23, 1968 denying the plaintiffs' motion to open their default and to restore the cause to the Trial Term Calendar unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs or disbursements.

The plaintiffs' application is remanded to Trial Term, Part I, to "be heard and determined by the justice who presided in the calendar part at the time the cause was assigned" (See Rules of Supreme Court, New York and Bronx...

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