Appellate Division of the Supreme Court of New York, 1958

Metropolitan Sand & Gravel Corp. v. Lipson

Metropolitan Sand & Gravel Corp. v. Lipson
Appellate Division of the Supreme Court of New York · Decided April 14, 1958 · Beldoek, Hallinan, Murphy, Nolan, Ughetta
5 A.D.2d 997; 176 N.Y.S.2d 931; 1958 N.Y. App. Div. LEXIS 6295
Metropolitan Sand & Gravel Corp. v. Lipson

Opinion of the Court

In an action to recover damages for wrongful death and for conscious pain and suffering, a judgment was entered after trial, in favor of the administratrix against Nassau Trotting Association, Inc., and Roosevelt Parking Co., Inc., which have appealed from said judgment to this court. An order was made at Special Term on the motion of Nassau Trotting and Roosevelt Parking, pursuant to rule 233 of the Rules of Civil Practice, opening their default in making a ease and extending their time to do so until April 12, 1958. The administratrix appeals from the order entered thereon. Order affirmed, with $10 costs and disbursements. No opinion.

Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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