DAME v. FEINMAN


134 A.D.2d 477 (1987)

Donald R. Dame, Appellant, v. Seymour Feinman, Respondent

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

November 23, 1987


Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Orange County, for findings with respect to the facts concerning the striking of the case from the Trial Calendar, and whether or not the plaintiff made a prior timely and meritorious motion to restore, and for a new determination based thereon.

It is impossible to ascertain, on the record before us, whether the court properly determined that the plaintiff's restoration...

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