RABINOWITZ v. BERNSTEIN


37 A.D.2d 963 (1971)

Steven J. Rabinowitz, an Infant by His Father and Natural Guardian, Jerome Rabinowitz, et al., Respondents, v. Gary Bernstein, Defendant, and Milton Hertzberg, Appellant

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

November 1, 1971


Order dated August 28, 1970, affirmed, without costs. Order dated September 17, 1970, reversed, without costs, and defendant Hertzberg's renewed motion to vacate the judgment granted, upon the following terms and conditions: (1) defendant Hertzberg shall appear for examination before trial upon 10 days' written notice by plaintiffs, if plaintiffs are so disposed, and (2) defendant Hertzberg's attorneys personally shall pay plaintiffs $250 within 10 days after service of the...

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