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LIVINGSTON v. KAUFMAN

44 A.D.2d 668 (1974)

Imogene Livingston, Respondent, v. Bertha Kaufman et al., Defendants, and Albert Ravitz, Appellant

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

April 18, 1974

Plaintiff's attorneys failed to timely serve and file a statement of readiness herein and failed thereafter to promptly move to restore this action to the calendar. Under the circumstances it was an improper exercise of discretion to grant the plaintiff's motion without the imposition of suitable terms (Moran v. Rynar, 39 A.D.2d 718; Davies v. Arno Serv. Co., N. Y. L. J., March 18, 1974, p...

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