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COLEMAN v. PAUMA REALTY CORP.

17 Misc.2d 873 (1959)

Uzella Coleman et al., Respondents, v. Pauma Realty Corp., Appellant.

Supreme Court, Appellate Term, First Department.

May 21, 1959.

Attorney(s) appearing for the Case

Tropp & Steinbock (I. Sidney Worthman of counsel), for appellant.

Fritz W. Alexander, II, for respondents.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

Plaintiffs have failed to present a valid excuse for the delay of 2 years and 11 months in failing to place the case upon the Trial Calendar after the joinder of issue. It is clear that this is the typical case of delay condemned by the Appellate Division in Lakowitz v. Marlin Gardens (5 A.D.2d 981).

The order appealed from should be modified by eliminating therefrom the conditional provision allowing...

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