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MARCO v. SACHS

12 Misc.2d 518 (1958)

Ida Marco, as Ancillary Administratrix of The Estate of Harry Marco, Deceased, a Stockholder in the Blue Ridge Corp., on Behalf of Himself and All Other Stockholders Similarly Situated, and on Behalf of said Blue Ridge Corp., Plaintiff, v. Walter E. Sachs et al., Defendants.

Supreme Court, Special Term, Kings County.

January 6, 1958.

Attorney(s) appearing for the Case

David M. Palley and Morris Gottlieb for plaintiff.

Milton Pollack and Henry N. Ess, III, for moving defendants.

Leo C. Fennelly for Blue Ridge Corp. and another, defendants.

JACOB J. SCHWARTZWALD, J.

The defendants move for a dismissal of the second amended complaint (1) pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice for failure to prosecute the issues to trial, and (2) pursuant to section 299 of the Civil Practice Act for the willful failure of the plaintiff Ida Marco in 1956 to comply with the notice of examination and orders of this court to appear for examination before trial...

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