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eBook details

• Title: Saul Mineroff Et Al. v. R. H. Macys & Co. Et Al.
• Author : Supreme Court of New York
• Release Date : January 31, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

In an action to recover money damages for, inter alia, false arrest and assault, plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Harwood, J.), dated September 28, 1982, as denied their motion to vacate a prior order of the same court, dated June 1, 1977, granting defendants motion to dismiss the action. Order reversed insofar as appealed from, in the exercise of discretion, without cost or disbursements, plaintiffs motion granted, and order dated June 1, 1977 vacated, on condition that plaintiffs former attorney personally pay $1,000 in costs to defendants within 30 days of service upon him of a copy of the order to be made hereon with notice of entry; if plaintiffs former attorney refuses to pay, plaintiffs are to personally pay the penalty imposed within 60 days of service upon them of a copy of the order to be made hereon with notice of entry; in the event such condition is not complied with, order affirmed insofar as appealed from, with costs. On or about May 9, 1975, plaintiffs commenced the instant lawsuit by service of a summons with notice. On June 1, 1977, Special Term granted defendants motion to dismiss the action because plaintiffs failed to comply with prior disclosure orders. The motion was granted without opposition. Despite the order dismissing the action, it is clear that both parties treated the lawsuit as if it were ongoing. Plaintiffs finally produced the information which was the subject of the prior disclosure orders. By letter dated June 23, 1977, defendants acknowledged receipt of the information and stated that under the circumstances "we will regard the decision granting our motion as moot". Settlement negotiations [97 A.D.2d 535 Page 536]

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