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THALASSINOS v. BRUTSCHE

17 A.D.2d 835 (1962)

Andrew Thalassinos, Respondent, v. Walter Brutsche, Appellant, et al., Defendant

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

October 9, 1962

Order affirmed, with $10 costs and disbursements.

In our opinion, the plaintiff has made a prima facie showing of merit. The moving affidavit by counsel for said defendant Brutsche made no claim of prejudice by reason of the delay. Moreover, it appears the motion to dismiss was not made until after the running of the Statute of...

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