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DOYLE v. KILLEEN

28 A.D.2d 969 (1967)

Carole A. Doyle, Respondent, v. Henry W. Killeen et al., Appellants

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

September 21, 1967

Order unanimously reversed, with costs, and motion denied.

Memorandum:

This action was commenced in April, 1964. After having been removed from the Trial Calendar of Erie County Supreme Court it was restored thereto in February, 1966 upon the filing by plaintiff's attorney of a new note of issue and statement certifying the case ready for trial. It reached the Day Calendar in February, 1967 and in the course of a pretrial conference plaintiff's counsel for...

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