BLINICK v. LONG IS. DAILY PRESS PUB. CO.


71 Misc.2d 986 (1972)

David S. Blinick et al., Respondents, v. Long Island Daily Press Publishing Co., Inc., Appellant, and New York Daily Column, Inc., et Ano., Defendants.

Supreme Court, Appellate Term, First Department.

October 13, 1972


Attorney(s) appearing for the Case

Fogarty, Nielsen, McLaughlin & Semel (Douglas A. Boeckmann of counsel), for appellant. Spivak & Kantor (Louis Kantor of counsel), for respondents.

Concur — QUINN, J. P., STREIT and MARKOWITZ, JJ.


Per Curiam.

Although we heretofore denied respondents' motion to dismiss this appeal, based upon the then submitted papers, a review of the complete record now indicates that dismissal is appropriate.

Upon failure of appellant's attorney to appear at a calendar call, a default was granted and the action set down for inquest. Appellant's attorney appeared at the inquest, together with witnesses and sought leave to defend on the merits. Appellant's counsel...

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