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DE VITA v. METRO. DISTRS.

45 Misc.2d 761 (1965)

Dennis J. De Vita, an Infant, by Joseph De Vita, His Guardian ad Litem, et al., Plaintiffs, v. Metropolitan Distributors, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 4, 1965

Attorney(s) appearing for the Case

Cymrot & Wolin for Old Town Corporation and another, defendants. Irving Froelich, defendant in person. Roy J. Litwin for plaintiffs.

FRANK A. GULOTTA, J.

This motion to dismiss plaintiffs' complaint on the grounds of "gross general delay" is denied.

The function of any litigation should be to permit a fair adjudication of all disputed issues on the merits. This philosophy should be fostered and encouraged wherever possible. Unfortunately this purpose is sometimes frustrated because our adversary system of procedure on occasion lends...

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