SIFONTE v. CAROL GARDENS HOUS. CO., INC.


70 A.D.2d 563 (1979)

Edwin Sifonte, an Infant, by His Father and Natural Guardian, Rafael Sifonte, et al., Respondents, v. Carol Gardens Housing Company, Inc., Defendant, and Plaza Ashphalt Paving of Westchester, Inc., Appellant

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

May 24, 1979


Unanimously reversed, on the facts and in the exercise of discretion, without costs or disbursements, to the extent of denying plaintiffs' motion to strike the answer on condition that counsel for the defendant Plaza Asphalt Paving of Westchester, Inc., pay the plaintiffs $300 costs. In the event defendant fails to comply with this condition, the order is affirmed with costs and disbursements. Settle order providing for dates of deposition and providing date for payment of...

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