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ZAHN v. NEVERETT

75 A.D.2d 976 (1980)

Richard C. Zahn et al., Appellants, v. Francis H. Neverett, Respondent

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

May 29, 1980

This action was on the Standard and Goals Calendar of the Supreme Court, Clinton County, for the Trial Term commencing in January, 1978. Plaintiffs' attorneys, maintaining an office in Monroe County, were so advised by the court early in December of 1977. The action was commenced on March 21, 1975 and, pursuant to a demand (CPLR 3216), a note of issue was served and filed in May, 1977. Defendant has stated he was ready to defend the action at each and every Trial Term thereafter...

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