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HARRISON v. LAGERWALL

39 A.D.2d 759 (1972)

William Harrison et al., Appellants, v. Harry R. Lagerwall, Respondent

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

May 22, 1972

Order reversed, without costs, and motion denied. The note of issue was filed before the motion was made.

Defendant was in the Armed Services and was not prejudiced by the result. In our opinion, Special Term erred in granting the motion to dismiss the complaint (CPLR 3216; Giancone v. City of New York, 29 A.D.2d 756

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