GILLIGAN v. FARMERS COOP. MKTG. ASS'N, INC.


23 A.D.2d 850 (1965)

George Gilligan, Respondent, v. Farmers Cooperative Marketing Association, Inc., et al., Appellants, et al., Defendants

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

May 3, 1965


Order affirmed, without costs.

As to the defendant Woody, the motion was properly denied in view of the fact that the joint amended notice of motion of said defendant and defendant Farmers was not served until two days after the return date of the original motion by the defendant Farmers alone. As to the defendant Farmers, however, assuming that there was an unreasonable delay by plaintiff in the prosecution of his action, the motion to dismiss should nevertheless...

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