BALL v. B. GERTZ, INC.


75 A.D.2d 797 (1980)

Mildred G. Ball, as Administratrix of The Estate of Margaret S. Blake, Deceased, et al., Appellants, v. B. Gertz, Inc., Respondent, and 20th Century Wear, Inc., Third-Party Defendant

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

May 5, 1980


Order reversed, without costs or disbursements, complaint reinstated and motion denied upon condition that plaintiffs file a note of issue and statement of readiness within 45 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof; in the event the condition is not complied with, then order affirmed, with $50 costs and disbursements.

It appears that the plaintiffs never received the benefit of a full 90-day period...

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