ORTUZAR v. FAHERTY


53 A.D.2d 604 (1976)

Monica Ortuzar, nee Monica Wolleter, Individually and as Mother and Natural Guardian of Francisco Ortuzar, an Infant, et al., Appellants, v. Elaine A. Faherty et al., Respondents

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

June 1, 1976


Order reversed, with $50 costs and disbursements payable by respondent Howard S. Howard (sued herein as Sonny Howard), motion granted, and the action is directed to be restored to its regular position on the Trial Term Calendar, with leave to plaintiffs to move expeditiously to obtain jurisdiction of the infant defendant, Scott Howard, if they be so advised.

It was an improvident exercise of discretion to refuse to grant plaintiffs a continuance to rectify the error...

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