HARRINGTON v. KAUFMAN


5 A.D.2d 195 (1958)

Josephine Harrington et al., Respondents, v. William S. Kaufman et al., Appellants

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

February 25, 1958.


Attorney(s) appearing for the Case

I. Sidney Worthman of counsel (William J. Tropp, attorney), for appellants.

Harry K. Ebenstein for respondents.

BOTEIN, P. J., BREITEL, RABIN, FRANK and BASTOW, JJ., concur.


Per Curiam.

This appeal is from an order of Special Term which granted plaintiffs' motion to vacate an order of preclusion for failure to serve a bill of particulars and denied a cross motion made by defendants to dismiss the action for lack of prosecution.

We are of the opinion that plaintiffs' motion should have been denied and defendants' motion granted. The chronology in this case shows a chain of repeated defaults and delays on the part of plaintiffs...

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