INDEX. Page Affidavit of Raymond Parmer, Read in Op- position to Plaintiff's Cross Motion............ 10 Affidavit of Rosa Sanchez, Read in Opposi- tion to Defendants' Motion and in Sup- port of Plaintiff's Cross Motion..... Replying Affidavit of Raymond Parmer, Read in Support of Defendants' Motion and in Opposition to Plaintiff's Cross Mo- Answering Affidavit of Rosa Sanchez, Read in Opposition to Defendants' Motion and in Support of Plaintiff's Cross Motion...... 18 Answer of Defendant Grace Steamship Com- pany to Amended Complaint..... Answer of Defendant W. R. Grace & Co. to Notice of Appeal from Resettled Order....... 28 Resettled Order Appealed From.......... Opinions by Judge Frankenthaler. Affidavit of No Other Opinions.... 1 Supreme Court APPELLATE DIVISION_FIRST DEPARTMENT. Rosa SANCHEZ, as a dependent relative of FRANCISCO SANCHEZ, Plaintiff-Respondent, against W. R. GRACE & COMPANY and GRACE STEAMSHIP COMPANY, Defendants-Appellants. Statement Under Rule 234. This is an appeal by defendants from the order entered in the above-entitled action in the office of the Clerk of the County of New York on or about the 27th day of May, 1935, which order denied defendants' motion to dismiss the above-entitled action and granted plaintiff's cross motion for an order restoring the action 3 to the trial calendar and vacated the stay against the plaintiff until the costs which accrued against the plaintiff have been paid. The plaintiff appears herein by Joseph Gans, Esq. The defendants appear herein by Kirlin, Campbell, Hickox, Keating & McGrann, Esqs. There has been no change of parties or attorneys herein, since the inception of these motions; the present attorney for the plaintiff having been substituted. PLEASE TAKE NOTICE that the defendants, W. R. Yours, etc., Attorneys for Defendants, City of New York. Notice of Appeal. To: 7 JOSEPH GANs, Esq., City of New York. Order Appealed From. At a Special Term, Part I of the Su preme Court, held in and for the 8 Present: Justice. [SAME TITLE.] 9 A motion having been made by and in behalf of the defendants for an order dismissing the complaint for plaintiff's failure to prosecute, and a cross-motion having been made by and in behalf of the plaintiff for an order restoring the aboveentitled action to the calendar of this Court for trial, on a day certain, so that the same may be reached for trial and tried in its regular order, and the defendants having waived the stay heretofore granted herein, by taking affirmative steps and proceedings herein, and said motions having duly come on to be heard before me, |