WEMPLE v. CADORET


29 A.D.2d 1033 (1968)

Garth Wemple et al., Respondents, v. Franklin Cadoret, Appellant

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

April 29, 1968


MEMORANDUM BY THE COURT.

The record shows that more than a year had elapsed from the time when the plaintiffs were required to serve their complaint. The plaintiffs also failed to appear and/or submit a proposed complaint or any excuse for their default upon the return date of the motion. Under such circumstances, the motion should have been granted.

Order modified, on the law and the facts, by striking so much of the second decretal paragraph as grants a...

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