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WILLIAM FINLAYSON v. KELLNER CAR & LIMOUSINE SERVICE (06/10/68)

June 10, 1968

WILLIAM FINLAYSON, RESPONDENT,
v.
KELLNER CAR & LIMOUSINE SERVICE, INC., ET AL., APPELLANTS



Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

In our opinion, it was an improvident exercise of discretion to grant the motion(Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N. Y. 435; Schweber v. Berger, 27 A.D.2d 840; Matter of Hecht, 24 A.D.2d 1001).

Disposition

Order of the Supreme Court, Kings County, dated December 21, 1967, which granted plaintiff's motion to vacate the settlement of the action and to restore the action to the Trial Calendar, reversed, without costs, and motion denied.

19680610

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