CAVALLARO v. SKEIST


42 A.D.2d 565 (1973)

Robert A. Cavallaro, Also Known as Robert A. Recupero, an Infant, by His Mother Dolores J. Recupero, et al., Respondents, v. S. Merrill Skeist, Appellant

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

June 4, 1973


Order affirmed, with $20 costs and disbursements.

No opinion.

Martuscello and Gulotta, JJ., dissent and vote to reverse the order and grant the motion, with the following memorandum:

While defendant's motion to vacate the statement of readiness was concededly several days late, it is our opinion that it should, nonetheless, have been granted. The tardiness was adequately explained. The managing attorney in defense counsel's law firm suffered a heart...

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