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HRUSKO v. PUB. SERV. COORDINATED TRANSP. CORP.

40 A.D.2d 659 (1972)

Helen Hrusko, Respondent, v. Public Service Coordinated Transport Corp. et al., Appellants

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

October 19, 1972

The granting of a motion of this character is ordinarily within the sound discretion of the court (Soulier v. Harrison, 21 A.D.2d 725; 6 Carmody-Wait 2d, New York Practice, § 34:16), and the motion herein was made not on the eve of trial, but at a time when the case was no longer on the Trial Calendar, and at a time subsequent to its having been marked off; the case itself was restored by a stipulation; and, it is represented...

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