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RUGGIERI v. SHERIDAN BEER DISTRIBS. INC.

40 A.D.2d 711 (1972)

Peter Ruggieri et al., Respondents, v. Sheridan Beer Distributors Inc., Appellant, et al., Defendant

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

October 24, 1972

Order reversed, in the exercise of discretion, with $10 costs and disbursements, and motion granted unconditionally.

Forty-eight months elapsed between the time of the service of the notice of appearance and demand for the complaint and the making of the motion to dismiss. In our opinion the failure to dismiss the complaint unconditionally was an improvident exercise of discretion (Bamford v. Kaunitz, 37 A.D.2d 682

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