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NOLAN v. PAVLAKIS

35 Misc.2d 184 (1962)

Gertrude Nolan et al., Respondents, v. Julia Pavlakis, Appellant.

Supreme Court, Appellate Term, First Department.

March 30, 1962

Attorney(s) appearing for the Case

Emanuel Morgenbesser and Nathan Cyperstein for appellant. Stanley M. Klebanoff and Carl A. Friedman for respondents.

Concur — HOFSTADTER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

The misplacing of the file in the office of the plaintiffs' attorney was an inadequate excuse for the failure to take any steps or to serve a bill of particulars for almost two years after the joinder of issue in an action not begun until more than two years after the occurrence of the accident out of which it arose (Dougherty v. Conti, 4 A.D.2d 682; Fischetti v. 242 East 19th St. Corp., ...

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