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STEWART v. YORK HOLDING CO.

45 A.D.2d 951 (1974)

Rose Stewart et al., Appellants, v. York Holding Company et al., Respondents

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

September 26, 1974

Plaintiffs' counsel had informed the court of his actual engagement in trial of a case in Supreme Court, Nassau County. There was no intent on the part of counsel willfully to disregard the court calendar which set the case for trial on a day certain. Under all of the circumstances, it was improvident of the Trial Justice to dismiss...

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