RUGGIERO v. ELBIN REALTY INC.


51 A.D.2d 1011 (1976)

Alfred Ruggiero, Respondent, v. Elbin Realty Inc. et al., Appellants

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

March 8, 1976


Orders reversed, motions to renew granted, and, upon renewal, plaintiff's motion is denied. One bill of $50 costs and disbursements is awarded to defendants appearing separately and filing separate briefs to cover both appeals.

This action was noticed for trial in October, 1973, more than seven years after the action was commenced. When the action came on for trial in September, 1974, plaintiff was not ready to proceed; it was marked off the calendar on September...

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