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Elian v. Lyn Realty Corp.

285 A.D. 869 Court N.Y. App. Div. Decision date 1955-02-01 English

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p. 869
Ellen S. Elian, by Her Guardian ad Litem, Benjamin M. Elian, et al., Appellants, v. Lyn Realty Corp., Respondent.

Order appealed from reversed without costs and motion to set aside dismissal granted upon condition that plaintiffs file new note of issue and pay another calendar fee, the case to be added to the Day Calendar for a day certain. All concur. In the circumstances shown here, the motion to set aside the dismissal should have been granted on appropriate terms. Settle order. Present — Cohn, J. P., Callahan, Breitel, Botein and Rabin, JJ.