FELICIANO v. GONZALEZ


43 A.D.2d 941 (1974)

Juan Feliciano, Appellant, v. Jose Gonzalez et al., Respondents

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

February 4, 1974


Appeal from order dated October 16, 1972, dismissed, without costs. An order denying reargument of a motion is not appealable. Order dated July 7, 1972, reversed insofar as appealed from, without costs, and plaintiff's motion to vacate the dismissal and to restore the case to the trial calendar granted.

In our opinion, under the facts and circumstances of this case, plaintiff did not evince a willful intent to abandon his action and the matter should be determined...

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