MARTINE v. GRIFFITHS


39 A.D.2d 553 (1972)

Walter C. Martine, Appellant, v. Alvin H. Griffiths et al., Respondents

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

April 10, 1972


Order reversed, without costs, and motion granted.

This action was commenced in November, 1967 and issue was joined in February, 1968. Defendants sought certain income tax records and a further physical examination of plaintiff, and sent four letters to plaintiff's attorney requesting same, the most recent being in February, 1970. There were no replies and the case had not been placed on the calendar, when, in March, 1970, defendants moved to dismiss the complaint...

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