KANTZ v. MELNICKI


38 A.D.2d 695 (1972)

Marcella Kantz, as Administratrix and on Behalf of the Next of Kin of Philip Kantz, Deceased, Respondent, v. Joseph Melnicki, Appellant

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

January 25, 1972


No opinion.

McGivern, J., dissents in the following memorandum:

Although the conduct of appellant and counsel is almost wholly inexplicable, I think it sufficient if we but refuse to vacate the defendant's default in respect of the examination before trial. And, although I am alive to the firm policy of this court not to condone neglect on the part of counsel, I think an uncontested assessment, resulting in the substantial sum of over $155,000...

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