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BUTLER v. GEN. MOTORS CORP.

37 A.D.2d 957 (1971)

William J. Butler, as Administrator of The Estate of Sigfried Buchmayr, Deceased, Respondent, v. General Motors Corporation, Appellant

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

November 30, 1971

Plaintiff's claim that he was first alerted to the existence of complaint letters from Corvair owners by an article appearing in Newsweek magazine on May 10, 1971, does not constitute the requisite "special, unusual or extraordinary circumstances" as would relieve him of his "waiver" of the discovery sought (Price v. Brody, 7 A.D.2d 204, 205). This is especially so in view of plaintiff's gross laches in the prosecution of...

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