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O'HARA v. TIDEWATER OIL CO.

23 A.D.2d 870 (1965)

Dorothea F. O'Hara et al., Respondents, v. Tidewater Oil Co. et al., Appellants

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

May 10, 1965

Order affirmed on the facts and in the exercise of discretion, with $10 costs and disbursements.

Defendants did not make their motion until almost a year after the joinder of issue, and only after plaintiffs had made a motion for a trial preference. The preference was granted during the pendency of defendants' motion. Interposition of the counterclaim could result in delay of the trial because the counterclaim in the case...

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