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KOLLNER v. BOND

27 A.D.2d 662 (1967)

John A. Kollner, Appellant, v. John L. A. Bond, Respondent

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

January 16, 1967

Reversed, without costs; plaintiff's motions granted to the extent of giving him leave to serve and file a note of issue and statement of readiness for the next available term and otherwise denied; and defendant's cross motion inter alia to dismiss the complaint for lack of prosecution denied.

In our opinion, under the circumstances of this case, it was an improvident exercise of discretion to dismiss the action for...

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