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DOLL v. KLEINKLAUS

66 A.D.2d 1003 (1978)

John R. Doll, Individually and as Parent and Natural Guardian of Christopher Doll, an Infant, Respondent, v. Thomas A. Kleinklaus, Defendant, and Liverpool Central School District No. 1, Appellant

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

December 15, 1978

Order unanimously reversed, without costs, and motion denied.

Memorandum:

In this long-delayed action, plaintiff filed his original note of issue and statement of readiness in June, 1973. When the case was reached for trial and plaintiff was not ready to proceed, it was placed on the general docket on March 14, 1977. In July, 1977 plaintiff noticed the defendant Liverpool Central School District No. 1 (Liverpool) to produce several persons under its control...

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