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ROBERTS v. INC. VILL. OF GREAT NECK

63 A.D.2d 967 (1978)

Stanley Roberts, et al., Doing Business as Centre Great Neck Co., Appellants, v. Incorporated Village of Great Neck et al., Respondents et al., defendants

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

June 5, 1978

Judgment affirmed, with costs.

The order of Mr. Justice Di Paola striking the case from the calendar was discovered after the trial was already well under way. It was not binding upon the Trial Justice since it had obviously been entered through inadvertence and in the mistaken belief that the motion to strike had been unopposed. In addition, the Justice at Special Term who had been in charge of the calendar duly sent the...

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