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Schlesinger v. Spingler-Van Beuren Estates, Inc.

269 A.D. 950 Court N.Y. App. Div. Decision date 1945-10-15 English

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p. 950
Lillian Schlesinger et al., Respondents, v. Spingler-Van Beuren Estates, Inc., et al., Defendants, and Philwech Holding Corporation, Appellant.

Order granting motion by plaintiffs to open their default, to vacate a dismissal of the action, pursuant to rule 302 of the Rules of Civil Practice, and to restore the case to the trial calendar, affirmed, with $10 costs and disbursements. Upon this record the granting of the motion was a matter of discretion with the Special Term. Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.