DI BARI v. STEFANSKY


35 A.D.2d 971 (1970)

Vincent Di Bari et al., Respondents, v. Abraham M. Stefansky et al., Appellants

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

December 21, 1970


Order reversed, with $10 costs and disbursements; motion denied; and case remanded to the Civil Court of the City of New York.

It was an abuse of discretion to grant plaintiffs' motion in view of the fact the motion was brought on the eve of trial in the Civil Court, seven years after the action was commenced, and a minimum of five or six years after plaintiffs should have known of the facts supporting their motion. The determination under review would result in substantial...

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