Brown v. Bullock — 15 A.D.2d 889

Majority

p. 889

Ethel Brown et al., Appellants, v. Hugh Bullock et al., Respondents, et al., Defendants.

No opinion. Order, entered on November 27, 1961, unanimously modified, on the law, the facts and in the exercise of discretion, with $20 costs and disbursements to plaintiffs-appellants, to the extent of restoring the case to the Day Calendar for April 2, 1962, unless on or before March 15, 1962 plaintiffs file with the calendar clerk a consent to discontinue the action with prejudice. In the event plaintiffs file such a consent, a hearing shall be held before Mr. Justice Tilzer, upon the notice and in the manner prescribed in the second and third decretal paragraphs, at a date and place to be fixed by him, as to why the action should not be discontinued with prejudice as to Dividend Shares, Inc. Concur — Botein, P. J., Rabin, McNally, Stevens and Bergan, JJ. [ 32 Misc 2d 111 .]

Cases cited

Brown v. Bullock 32 Misc 2d 111 N.Y. Sup. Ct. 1961-11-06 p. 889