RUGGIERO v. FAULKNER


31 A.D.2d 639 (1968)

Mary Ruggiero, Appellant, v. Mary Faulkner et al., Respondents

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

December 9, 1968


Order affirmed, on condition that defendants jointly first pay plaintiff's attorney a full bill of costs up to date, including $50 costs and disbursements of this appeal.

While there was undue delay on the part of defendants in that their motions were made on the eve of trial — 3½ years after joinder of issue — the granting of the motions was nevertheless, proper, as plaintiff's exclusive remedy would...

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