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GOLDFARB v. MALLIN

3 A.D.2d 735 (1957)

Benjamin Goldfarb, Respondent, v. Edward J. Mallin et al., Appellants, and Third-Party Plaintiffs. Warner-Henick Furniture Corp., Third-Party Defendant-Appellant

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

March 12, 1957

The motion to dismiss was made on October 10, 1956, and it was only then that a belated note of issue for a nonjury trial was filed. On this appeal no brief was filed within the time specified by the rules. The excuse that the failure to file a note of issue was inadvertent is most unimpressive. From its inception, the processing of this action indicates a disregard of the rules promulgated for the proper disposition of litigation...

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