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LEHMANN v. JOHNSON, DRAKE & PIPER OF VIETNAM, INC.

19 A.D.2d 913 (1963)

Albert F. Lehmann, Respondent, v. Johnson, Drake & Piper of Vietnam, Inc., Appellant

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

November 8, 1963

The action was commenced in 1960 and involves transactions occurring in 1957 and 1958. Plaintiff-respondent's attorney advances no reason for his failure to move to vacate the order of preclusion until May 23, 1962, which was eight months after he learned of it and seven months after his substitution. (Cf. Paris v. Poticha, 1 A.D.2d 277.) We note, parenthetically, that appellant perfected this appeal on February 2, 1963, that the...

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