O'BRIEN v. GROOME


87 A.D.2d 624 (1982)

Daniel R. O'Brien et al., Respondents, v. Sam W. Groome et al., Appellants

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

March 22, 1982


Order reversed, on the law, with $50 costs and disbursements, and plaintiffs' motion is denied.

This action was commenced on or about April 9, 1977 by the service of a summons. On January 31, 1978 plaintiffs' attorney filed a note of issue and statement of readiness. On April 12, 1978 the matter was listed on the Nonjury Contract Calendar of the Supreme Court, Orange County, and, when the parties failed to appear, was marked "off" by the Justice presiding. Plaintiffs...

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