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PRICE v. GIFFIN

32 A.D.2d 868 (1969)

Charles Price, Appellant, v. Rollin Giffin, Jr., Defendant, and Glens Falls Insurance Company, Respondent

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

June 24, 1969

Per Curiam.

The case was previously before us on appeal from an order denying a motion to dismiss the complaint. (See 28 A.D.2d 1200.) The action was commenced in 1965, and subsequent to the filing of note of issue in 1966 went to the military calendar and was on that calendar when the motion to amend was made in 1968. Under these circumstances plaintiff, although doubtless subjected to some inconvenience, has not substantiated...

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