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GALANOS v. CITY OF NEW YORK

35 A.D.2d 829 (1970)

Katherine Galanos et al., Respondents, v. City of New York, Appellant

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

November 23, 1970

Order reversed, on the law and the facts, with $10 costs and disbursements; plaintiffs' motion denied; and defendant's cross motion granted.

Under the circumstances of this case it was an improvident exercise of discretion to deny defendant's motion. The excuse offered of difficulty in obtaining a medical report did not prevent the serving of a complaint. Defendant did nothing to mislead or lull plaintiffs into any false...

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