REINEKE v. LESAVOY FOUND.


18 A.D.2d 790 (1963)

Henry P. Reineke, Appellant, v. Lesavoy Foundation et al., Respondents

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

January 22, 1963


Order, entered on June 5, 1962, unanimously modified on the law and in the exercise of discretion to deny the motion unconditionally, and, as so modified, affirmed, without costs, and the motion to preclude denied, without costs.

The motion was not made within the prescribed period of 10 days after service of the allegedly inadequate supplemental bill, and there is no showing of "special circumstances" tending to excuse the defendants' failure to timely move for the...

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