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BIRCH v. WOLPER

1 A.D.2d 1028 (1956)

Robert A. Birch et al., Doing Business as Robert A. Birch & Co., Respondents, v. Irving Wolper, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 21, 1956

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

Respondents did not serve and file a note of issue until about six and a half years after the joinder of issue. The proffered excuse that there were negotiations for settlement is insufficient, particularly since the last communication with respect to the possibility of settlement took place about six years before the service of the note...

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