LEDERER v. DAVIS


63 A.D.2d 571 (1978)

Frieda Lederer et al., Respondents, v. Leonard Davis et al., Appellants

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

May 4, 1978


Unanimously affirmed, without costs or disbursements.

We find that it was proper for the court to grant a continuance of the CPLR 3211 (subd [a], par 8) motion pending discovery proceedings (CPLR 3211, subd [d]) by plaintiff and hearing and report by referee (Peterson v Spartan Ind., 33 N.Y.2d 463; see, also, Amigo Foods Corp. v Marine Midland Bank-N. Y., 39 N.Y.2d 391).

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