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MARCHITELLI v. GRECO SALES & SERV., INC.

52 A.D.2d 746 (1976)

Susanne Marchitelli, as Administratrix of The Estate of Edward A. Marchitelli, Deceased, et al., Appellants, v. Greco Sales & Service, Inc., Respondent. (Appeal No. 1.)

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

April 15, 1976

Order unanimously reversed, with costs, and defendant's motion denied.

Memorandum:

On September 18 and 19, 1973, plaintiffs filed and served notes of issue and statements of readiness in this personal injury action. Defendant did not move to vacate these statements within 20 days. Thereafter, on October 31, 1973, defendant served a demand for discovery and inspection and on April 10, 1974 he served a demand for a...

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