RUDOX ENG. v. RACQUET CLUB


107 Misc.2d 570 (1981)

Rudox Engine and Equipment Company, Plaintiff, v. Belt Parkway Racquet and Health Club, Inc., Defendant.

Civil Court of the City of New York, Special Term, Kings County.

January 19, 1981


Attorney(s) appearing for the Case

Sharinn & Lipshie for plaintiff. I. Edward Pogoda for defendant.


GLORIA GOLDSTEIN, J.

The instant motions arise out of an action that was marked off the calendar more than one year ago, and involve a rarely invoked rule of the New York City Civil Court concerning the effect of such a "mark off" upon the issue of costs and disbursements in the said action.

The plaintiff herein, a foreign corporation, had heretofore been required to post a bond in the amount of $250 representing security for costs in accordance...

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