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ALBERT v. LERCH

20 A.D.2d 538 (1963)

Charles Albert, Appellant, v. Leo Lerch et al., Copartners Doing Business under the Names of Lerch and Lerch Wigs, Respondents

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

December 17, 1963

Order, entered June 13, 1963, granting defendants' motion to dismiss action unanimously affirmed, with $20 costs and disbursements to respondents.

We affirm solely on the ground of undue delay in the prosecution of the action. The first publication which plaintiff claims violated section 50 of the Civil Rights Law was in 1959. This action was commenced in August, 1960 and issue was joined September 20, 1960. Pretrial examinations were completed in January, 1962. A...

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