NEWELL v. LANE


45 A.D.2d 704 (1974)

Barbara Newell, Respondent, v. Edward Lane, Defendant, and Ben Lane, Appellant

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

June 25, 1974


In the event such condition is not complied with, then the order is unanimously reversed, on the law and in the exercise of discretion, and the motion to dismiss is granted, with $60 costs and disbursements to defendants-appellants. In this action to recover damages for allegedly severe personal injuries sustained by plaintiff, in an accident on October 2, 1970, we find that there was no intention by plaintiff to abandon the action and that there was no undue prejudice to...

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