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DAVIS v. BROWN

70 A.D.2d 873 (1979)

Yetta Davis et al., Respondents, v. Theodore Brown, Appellant

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

June 4, 1979

Order reversed, on the law, without costs or disbursements and plaintiffs' motion denied.

This action was originally commenced in 1969 in the Civil Court of the City of New York, Queens County, and was noticed for trial on July 21, 1971. On or about January 28, 1972, the case was marked off the calendar at plaintiffs' request for further investigation as to the injured plaintiff's condition. The record on appeal contains...

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