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149 A.D.2d 580

Sheehan v. Rubenstein

Appellate Division of the Supreme Court of the State of New York · decided 1989-04-17

Decided 1989-04-17

¶1In an action to recover damages for personal injuries, the defendants G & S Fashions, Milton Rubenstein and Jeanne Rubenstein separately appeal *581from an order of the Supreme Court, Kings County (Held, J.), dated June 1, 1988, which granted the plaintiffs motion to vacate a dismissal of the action and restored it to the Trial Calendar.

¶2Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

¶3We have examined the circumstances of this case and find that the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs motion. Rubin, J. P., Kooper, Sullivan and Balletta, JJ., concur.

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