CALDERON v. STEELE


41 A.D.2d 736 (1973)

Miguel Calderon, Respondent, v. Walter W. Steele, Appellant

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

March 5, 1973


Order affirmed, on condition that plaintiff's attorney, personally pay $250 to defendant within 20 days after entry of the order to be made hereon. Other than the said $250, no costs or disbursements are awarded.

Special Term incorrectly held that defendant showed acquiescence in plaintiff's delay, by filing a jury demand subsequent to the latter's filing of a note of issue. Rather than acquiescence, it appears that defendant was only protecting himself against the...

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