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CALDWELL DEV. CORP. v. MAPLEPORT ASSOCS., INC.

60 A.D.2d 773 (1977)

Caldwell Development Corp., Appellant, v. Mapleport Associates, Inc., et al., Defendants-Respondents and Third-Party Plaintiffs-Respondents, et al., Defendant. Westley Construction Services, Inc., Third-Party Defendant-Appellant

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

December 16, 1977

Orders unanimously affirmed, with costs.

Memorandum:

The third-party defendant and plaintiff jointly moved to vacate the note of issue and statement of readiness within 20 days from the filing thereof by defendants/third-party plaintiffs (see Uniform Calendar and Practice Rules of the Fourth Department, 22 NYCRR 1024.4 [e]). The motion was made approximately 15 months after issue had been joined in the primary action and approximately 7 months after issue...

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