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Siola v. Niagara Junction Railway Co.

6 A.D.2d 754 Court N.Y. App. Div. Decision date 1958-05-07 English

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p. 754
Anna Siola, as Administratrix of the Estate of Frank Siola, Deceased, Appellant, v. Niagara Junction Railway Co., Respondent.

Order reversed as matter of discretion, without costs of this appeal to either party, and motion granted, without costs. Memorandum: In our opinion the Special Term improvidently exercised its discretion in denying the motion. All concur. (Appeal from an order of Niagara Special Term, denying plaintiff’s motion for an order vacating a dismissal of the action and its restoration to the day calendar for trial.) Present—Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.