NICHOLS YACHT YARDS, INC. v. HUDSON HARBOR PRES. ASS'N, INC.


91 A.D.2d 1067 (1983)

Nichols Yacht Yards, Inc., et al., Respondents, v. Hudson Harbor Preservation Association, Inc., et al., Defendants, and Doug Gosnell, Appellant

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

January 31, 1983


Appeal from the order dated March 31, 1982, dismissed as academic. That order was superseded by the order granting reargument. Order dated May 18, 1982, affirmed, insofar as reviewed. Plaintiffs are awarded one bill of $50 costs and disbursements.

Under the circumstances of this case, Special Term did not abuse its discretion in denying appellant's motion, brought pursuant to CPLR 3216 (subd [e]), to dismiss the complaint for failure...

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