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VERCESI v. LUCAS

26 A.D.2d 550 (1966)

Paul J. Vercesi, Respondent, v. Irving Lucas et al., Appellants

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

June 6, 1966

Orders of the Appellate Term and the Civil Court reversed, without costs; motion granted and complaint dismissed, without costs.

Within six months of the date of joinder of issue, whether that date be as claimed by plaintiff or by defendants, defendants served upon plaintiff's attorney a notice demanding that within 45 days plaintiff file a note of issue. Plaintiff failed to comply with the demand. Thereafter, more than...

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