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MARCONE v. CITY OF NEW YORK

76 A.D.2d 781 (1980)

Constance Marcone et al., Respondents, v. City of New York et al., Defendants, and Park River Realty Co., Appellant

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

June 17, 1980

Plaintiffs' attorney did not inform Special Term that, on December 28, 1977, he filed a note of issue and statement of readiness for this proceeding under Index No. 17298/77. Likewise, he did not inform Special Term that, on February 3, 1978, he obtained an order of preference under that first index number. This oversight will be excused because it was attributable to the attorney's recent illness. To avoid any further confusion, the parties are directed to prosecute this...

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