David McDonough, Inc. v. Berger
1960 N.Y. App. Div. LEXIS 9860
| N.Y. App. Div. | 1960

Motion to dismiss appeal for lack of prosecution denied, with $10 costs. Plaintiff having failed to serve a notice of appearance earlier and defendants being stayed under section 240 of the Civil Practice Act, appellants are not in default. Concur — Botein, P. J., Breitel, Rabin, Valente and Stevens, JJ.