TRUDEL v. LAUBE'S AMHERST, INC.


40 A.D.2d 625 (1972)

Genevieve A. Trudel et al., Respondents, v. Laube's Amherst, Inc., et al., Appellants Genevieve A. Trudel et al., Respondents, v. Alan Kozlowski, Appellant

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

September 21, 1972


Order unanimously reversed, without costs, and motion denied.

Memorandum:

It was an improvident exercise of discretion for the Calendar Justice to restore these negligence actions to the Trial Calendar. The accident upon which action No. 1 was based occurred over seven years ago, on July 9, 1965 and suit on it was not begun until July 2, 1968. Action No. 2 was based on an accident which occurred on September 16, 1966, and suit on it was begun by service on...

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