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SCHAEFFER v. NATHAN'S FAMOUS, INC.

40 A.D.2d 1041 (1972)

Theodore Schaeffer et al., Appellants, v. Nathan's Famous, Inc., Defendant and Third-Party Plaintiff-Respondent. Willie Genes, Defendant; John C. Mandel Security Bureau, Inc., Third-Party Defendant-Respondent

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

December 29, 1972

Order reversed, without costs, and motion denied, upon condition that plaintiffs' attorney personally pay $100 to defendant. The payment must be made within 20 days after entry of the order to be made herein.

In our opinion the granting of the motion to dismiss the complaint was an improvident exercise of discretion under the circumstances of this case. The factors set forth in Moran v. Rynar (39 A.D.2d 718) have been considered...

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