BOWEN v. FIORE


37 A.D.2d 966 (1971)

Mary Bowen et al., Appellants, v. Albert Fiore, Sr., et al., Respondents

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

November 8, 1971


Order affirmed, with $50 costs and disbursements to respondents.

Although defendants' attorney has been careless and dilatory in the service of defendants' answer and in his motion to open defendants' default, plaintiffs' attorneys also have been somewhat dilatory in the prosecution of this action and in their moving for the damage assessment. Under all the circumstances of this case, it is our opinion that Special Term has not acted improvidently and has not abused...

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