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LEVY v. WEXLER

16 A.D.2d 688 (1962)

Bertha Levy et al., Plaintiffs, v. Irving Wexler et al., Individually and as Copartners Doing Business as Buckingham Wax Corp. No. 2, Appellants, and T. I. McCormack Trucking Co., Inc., Respondent, et al., Defendants

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

April 23, 1962

Order affirmed, with $10 costs and disbursements.

The action was noticed for trial for the November 1958 Term and a readiness statement was duly filed. No motion to strike the action from the calendar was made; the case appeared on the Day Calendar in November, 1961; and it was set down for trial in January, 1962. Said defendants Wexler contend it was not until then that they had notice that the codefendant McCormack had appeared in the action, since a copy of McCormack...

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