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Lakowitz v. Marlin Gardens, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1959
7 A.D.2d 970 (N.Y. App. Div. 1959)

Opinion

March 12, 1959


Order reversed, with $20 costs and disbursements to the appellant and the motion to vacate the order of dismissal for failure to prosecute denied, with $10 costs, on the ground that there is no showing of a cause of action in the affidavit of merits.

Concur — Breitel, Valente and McNally, JJ.; Botein, P.J., and Rabin, J., dissent and vote to affirm.


Summaries of

Lakowitz v. Marlin Gardens, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1959
7 A.D.2d 970 (N.Y. App. Div. 1959)
Case details for

Lakowitz v. Marlin Gardens, Inc.

Case Details

Full title:ANNA LAKOWITZ et al., Respondents, v. MARLIN GARDENS, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 12, 1959

Citations

7 A.D.2d 970 (N.Y. App. Div. 1959)