Order reversed, without costs; motion of defendant Cedzich granted; order and judgment of September 4, 1969 vacated as to said defendant; and plaintiffs' renewed motion for summary judgment and other relief denied as to said defendant.
The record establishes that appellant's default in opposing plaintiffs' renewed motion for partial summary judgment was due to the failure of his attorneys in notifying him of its pendency. On the facts herein, it was error to deny...
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