GOLDSTEIN v. NOTINGER


34 A.D.2d 902 (1970)

Phillip Goldstein, Suing for Himself and on Behalf of All Other Stockholders of Town Sales Co., Inc., Respondent, v. Herbert Notinger, Appellant, et al., Defendant

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

June 4, 1970


Order entered October 6, 1969 unanimously modified on the law and on the facts, and in the exercise of discretion, and the motion for vacatur of the default granted to the extent of vacating the judgment and reopening the trial and remanding the case to the Trial Justice to continue the trial on the sole issue of the extent of the relief to which plaintiff-respondent is entitled, on condition that, within 20 days after service of a copy of the order entered hereon, defendant...

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