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MICROWAVE/SYS., INC. v. McLAUGHLIN

73 A.D.2d 803 (1979)

Microwave/Systems, Inc., Appellant, v. Robert L. McLaughlin et al., Defendants, and Carl F. Fahrenkrug et al., Respondents

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

December 14, 1979

Order unanimously reversed, with costs to respondents, and motion granted in accordance with the following memorandum: The order denying plaintiff's motion to vacate the unconditional order of preclusion is reversed in the exercise of discretion upon condition that plaintiff comply with the demand within 90 days during which it may complete whatever discovery is necessary. The action was commenced in December, 1977 by service of...

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