Appellate Division of the Supreme Court of New York, 1954

Spota v. City of New York

Spota v. City of New York
Appellate Division of the Supreme Court of New York · Decided May 24, 1954
283 A.D. 973; 130 N.Y.S.2d 896; 1954 N.Y. App. Div. LEXIS 5962
Spota v. City of New York

Opinion of the Court

Plaintiffs appeal from an order which denied their motion to review a previous determination pursuant to subdivision (bb) of rule 2 of the Kings County Supreme Court Rules, which marked the action off the General Calendar and placed it on the Deferred Calendar. Order reversed, without costs, and motion to restore action to the General Calendar granted, without costs. In our opinion the proof presented was sufficient to entitle plaintiffs to the relief applied for. Nolan, P. J., Adel, MacCrate, Schmidt and Murphy, JJ., concur.

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