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APPELLATE DIVISION_FIRST DEPARTMENT.
Rosa SANCHEZ, as a dependent relative of FRANCISCO SANCHEZ,
against W. R. GRACE & COMPANY and GRACE STEAMSHIP COMPANY,
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.
Attorneys for Defendants,
City of New York. Notice of Appeal.
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
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,