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GOODMAN v. R. M. SIWEK REALTY, INC.

31 A.D.2d 609 (1968)

Julius Goodman et al., Respondents, v. R. M. Siwek Realty, Inc., et al., Appellants

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

December 10, 1968

Order entered July 12, 1968, denying motion to dismiss the complaint for failure to prosecute and for other relief, unanimously reversed on the law and facts and in the exercise of discretion and the motion to dismiss the complaint granted, with costs.

In this action for alleged fraud, there has been an inordinate delay in prosecution. Issue was joined in 1961. Plaintiffs were precluded for failure to file a bill of particulars on

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