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David McDonough, Inc. v. Berger

10 A.D.2d 929 Court N.Y. App. Div. Decision date 1960-05-19 English

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p. 929
David McDonough, Inc., v. Edmond Berger et al.

Motion to dismiss appeal for lack of prosecution denied, with $10 costs. Plaintiff having failed to serve a notice of appearance earlier and defendants being stayed under section 240 of the Civil Practice Act, appellants are not in default. Concur — Botein, P. J., Breitel, Rabin, Valente and Stevens, JJ.