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McLOUGHLIN v. WEISS

23 A.D.2d 881 (1965)

Ann J. McLoughlin et al., Appellants, v. Hyman Weiss et al., Respondents

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

May 17, 1965

Orders reversed, without costs; and defendants' respective motions to dismiss the complaint denied.

The motions were based on plaintiffs' failure to serve and file a note of issue. Under the circumstances, we give effect to the legislative intent inherent in the recent amendment to the statute (CPLR 3216 [L. 1964, ch. 974]; see Dooley v. Gray, 22 A.D.2d 791

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