EATON v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES, INC.


81 A.D.2d 653 (1981)

Mary Eaton et al., Respondents, v. Equitable Life Assurance Society of the United States, Inc., et al., Defendants, and Marine Midland Bank, Inc., Appellant

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

April 27, 1981


Order reversed, without costs or disbursements, and motion granted, on condition that appellant serve its answer and pay $500 to the plaintiffs within 10 days after service upon it of a copy of the order to be made hereon, with notice of entry; in the event such conditions are not complied with, order affirmed, with $50 costs and disbursements.

After considering a variety of factors including the relative shortness of the delay, the nature of appellant's excuse, the...

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