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DI TUCCI v. DONATELLI

19 Misc.2d 376 (1959)

Lorraine Di Tucci et al., Infants, by Charles Di Tucci, Their Guardian ad Litem, et al., Plaintiffs, v. Frank Donatelli et al., Defendants. (Action No. 1.) Francis Donatelli, an Infant, by Frank Donatelli, His Guardian ad Litem, et al., Plaintiffs, v. Paul Margolin, Defendant. (Action No. 2.) Paul Margolin, Plaintiff v. Frank Donatelli, Defendant. (Action No. 3.)

Supreme Court, Special Term, Queens County.

July 8, 1959.

Attorney(s) appearing for the Case

Joseph F. O'Brien for Frank Donatelli and another, defendants in action No. 1 and Frank Donatelli in action No. 3.

Lawless & Lynch for Paul Margolin, defendant in actions Nos. 1 and 2.

George H. Nadelson for plaintiffs in action No. 1.

Louis Mendelson for plaintiffs in action No. 2.

Max J. Gwertzman for plaintiff in action No. 3.

J. IRWIN SHAPIRO, J.

Motion by defendants in action No. 1 and by defendant in action No. 3 "to strike out the Answer of the defendant, PAUL MARGOLIN, in Action No. 1 and dismiss his Complaint in Action No. 3, upon the ground that he failed to appear for an Examination Before Trial on May 28, 1959, pursuant to a Notice of Examination Before Trial" served upon his attorneys in said respective actions and which examination was adjourned from time to time...

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