FLANAGAN v. CIVETTA CONSTR. CORP.


38 A.D.2d 831 (1972)

John Flanagan, Appellant, v. Civetta Construction Corp. et al., Respondents

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

February 7, 1972


That order was superseded by the order granting reargument. Order dated February 1, 1971 reversed insofar as appealed from and plaintiff's motion to vacate the dismissal and to restore the action granted, upon condition that plaintiff's counsel pay to defendants $100 and the costs and disbursements of these appeals. Respondents are granted a single bill of $10 costs and disbursements to cover the appeals from both orders.

In our opinion, the facts warrant a vacatur...

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