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DA RIN v. CARDONE

Supreme Court, Appellate Term, First Department
Nov 23, 1960
28 Misc. 2d 511 (N.Y. App. Term 1960)

Opinion

November 23, 1960

Appeal from the City Court of the City of New York, County of New York, XAVIER C. RICCOBONO, J.

Irving Segal and Sidney Advocate for appellants.


No adequate excuse for failure to move to restore the case within the one-year period provided in subdivision (c) of rule XV of the Rules of the City Court of the City of New York was given. Therefore no discretion existed to grant the relief.

The order should be reversed, with $10 costs and disbursements, and motion denied.

Concur — HECHT, J.P., STEUER and TILZER, JJ.

Order reversed, etc.


Summaries of

DA RIN v. CARDONE

Supreme Court, Appellate Term, First Department
Nov 23, 1960
28 Misc. 2d 511 (N.Y. App. Term 1960)
Case details for

DA RIN v. CARDONE

Case Details

Full title:GRACE DA RIN, Respondent, v. ROSE CARDONE, as Executrix of MARIA CARDONE…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 23, 1960

Citations

28 Misc. 2d 511 (N.Y. App. Term 1960)
219 N.Y.S.2d 650