PARKER v. McMAHON


53 A.D.2d 1034 (1976)

Lois Parker et al., Respondents, v. Joan V. McMahon et al., as Coexecutors of Helen V. VanAtta, Deceased, Appellants

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

July 12, 1976


Order reversed, without costs, and plaintiff's motion denied.

Memorandum:

On each of the several occasions when this action appeared upon the Trial Calendar in 1974 and 1975, it was held or put over at the request of plaintiffs. Finally, in April, 1975 plaintiffs were granted a day certain for trial on June 23, 1975. On that date a jury was drawn and the action assigned to a Trial Judge, but plaintiffs did not appear or proceed to trial. Defendants' motion...

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