General
Frank Marcy, Plaintiff, v. Charles J. Malsiejewski, Defendant; Rose Mazziotto, as Administratrix of the Estate of Salvatore Dispigno, Deceased, Respondent, v. Frank Marcy et al., Appellants
26 A.D.2d 789·New York Supreme Court, Appellate Division·1966·NY
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Opinion
Frank Marcy, Plaintiff, v. Charles J. Malsiejewski, Defendant. Rose Mazziotto, as Administratrix of the Estate of Salvatore Dispigno, Deceased, Respondent, v. Frank Marcy et al., Appellants.
(Action No. 1.)
(Action No. 2.)
[MAJORITY]
In an action (Action No. 2 of two consolidated actions) by an administratrix to recover damages for wrongful death and conscious pain and suffering, defendants appeal from an order of the Supreme Court, Nassau County, dated January 3, 1966, which granted plaintiff’s motion to set aside a settlement of the action and restored the action to the calendar for trial. Upon the appeal by defendant Marcy, order affirmed, with $10 costs and disbursements. No opinion. Upon the appeal by defendant Molsiejewski, on the court’s own motion the appeal is dismissed, without costs, upon his failure to appear or file a brief. Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.