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LENNOX v. RHODES

39 A.D.2d 801 (1972)

Byron Lennox et al., Respondents, v. Hartwell D. Rhodes, as President of Local 1127 of the Communications Workers of America, et al., Appellants

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

May 18, 1972

Special Term correctly rejected respondents' excuse, premised on the practice commitments of their attorney, for a 26-month delay in serving their complaint following appellants' demand for service (Kriegsman v. Rosenfeld, 35 A.D.2d 693, app. dsmd. 29 N.Y.2d 633). However, Special Term felt that since dismissal of the action would result in depriving...

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