JMS ENTERS., INC. v. BELFIELD


114 A.D.2d 886 (1985)

Jms Enterprises, Inc., et al., Respondents, v. Lee J. Belfield et al., Appellants

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

November 12, 1985


Appeal by defendant Belfield dismissed as abandoned, without costs or disbursements.

Upon the appeal by defendant Matkovic, order affirmed, with costs to respondents payable by appellant Matkovic.

In view of the meritorious nature of plaintiffs' case, the absence of prejudice to defendants and the clear intention of plaintiffs not to abandon the action, Special Term did not err in granting plaintiffs' motion to vacate the 90-day notice and denying the cross...

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