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STEIN v. WAINWRIGHT'S TRAVEL SERV., INC.

92 A.D.2d 961 (1983)

Robert J. Stein, Jr., et al., Respondents, v. Wainwright's Travel Service, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Evergreen International Airlines, Inc., Third-Party Defendant

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

March 3, 1983

The facts are simple and undisputed. This action was commenced by the service of a summons with notice upon defendants on August 22, 1978. On September 19, 1978, defendants served their answer with a counterclaim. Issue was joined with the service of plaintiffs' reply on October 5, 1978. Almost three years later, specifically on September 24, 1981, defendants served a demand that plaintiffs serve and file a note of issue within 90 days of the receipt of the demand (CPLR 3216...

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