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ARDIS v. SCHWARTZ

29 A.D.2d 559 (1967)

Enrico Ardis, an Infant by His Guardian ad Litem, Fred Ardis, et al., Appellants, v. Benjamin Schwartz, Respondent

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

December 20, 1967

The September, 1964 order dismissing the complaint was procured without compliance by defendant with CPLR 321 (subd. [c]), and should have been vacated (Tournier v. Linden Gen., 26 A.D.2d 576; Vlahakis v. Sharf, 283 App. Div. 1087). The delay in prosecuting the action was adequately explained and defendant points to no specific prejudice which would overcome the beneficial policy that controversies should be disposed of on...

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