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BARNES v. CITY OF NEW YORK

51 N.Y.2d 906 (1980)

Alfred Barnes et al., Appellants, v. City of New York et al., Defendants, and Arthur Schwartz et al., Respondents.

Court of Appeals of the State of New York.

Decided November 11, 1980.

Attorney(s) appearing for the Case

Ronald J. Koerner for appellants.

Steven B. Prystowsky for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The question before the court is whether the Appellate Division erred as a matter of law in finding that the "due diligence" requirement of CPLR 308 (subd 4) had not been met. Expressed another way, the question is whether, on the facts before us, there was demonstrated due diligence as a matter of law.

We note in passing that we do not construe the determination at the Appellate Division as having laid...

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