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ELSENBERGER v. LINZ

35 A.D.2d 753 (1970)

Doris Elsenberger, Respondent, v. Thomas Linz et al., Appellants

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

October 26, 1970

The action was placed upon the Trial Calendar by a note of issue filed October 16, 1964. At a Special Term on November 3, 1965 defendants moved for summary judgment and plaintiff cross-moved for leave to serve an amended complaint, summary judgment being denied on condition that plaintiff serve the amended pleading within 20 days. Without the entry of an order, plaintiff served the amended complaint on November 5, 1965 and, on March...

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