FRIEDMAN v. CITY OF NEW YORK


41 A.D.2d 655 (1973)

Irving Friedman, Appellant, v. City of New York et al., Respondents

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

February 13, 1973


Order dated February 23, 1971 reversed insofar as appealed from, and plaintiff's motion to vacate the dismissal of the action and to restore the action to the trial calendar granted, all on condition that plaintiff's attorneys personally pay $50 costs to each respondent appearing separately and filing a separate brief, and without costs otherwise.

In our opinion it was an improvident exercise of discretion to refuse to vacate the dismissal of the action on the terms...

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