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SMITH v. HAYUTIN

29 A.D.2d 561 (1967)

Philip J. Smith et al., Appellants, v. Marvin Hayutin et al., Respondents

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

December 20, 1967

As so modified, order affirmed, with $10 costs and disbursements.

In our opinion, the moving papers failed to establish the development of unusual and unanticipated conditions subsequent to placing the action on the Trial Calendar with respect to examinations before trial (Negron v. Kaufman, 26 A.D.2d 548; Williams v. New York City Tr. Auth., 23 A.D.2d 590

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