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WRYE v. CIBA-GEIGY CORP.

92 A.D.2d 341 (1983)

Norma Wrye, Individually and as Executrix of Jack A. Wrye, Deceased, Respondent, v. Ciba-Geigy Corporation, Appellant

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

March 31, 1983

Attorney(s) appearing for the Case

Caffry, Pontiff, Stewart, Rhodes & Judge, P. C. (Michael Malina and Mark David of counsel, Kaye, Scholer, Fierman, Hays & Handler), for appellant.

Patrick J. Mannix (Benjamin R. Pratt, Jr., of counsel, Miller, Mannix, Lemery & Kafin, P. C.), for respondent.

MAHONEY, P. J., SWEENEY, MAIN and CASEY, JJ., concur.

WEISS, J.

The underlying action to obtain benefits under a pension plan was commenced by service of a summons and complaint in Glens Falls on December 7, 1981. These papers were forwarded to defendant's division headquarters in Ardsley, New York, and were allegedly not discovered by a responsible representative until December 18, 1981. Defendant's attorneys made repeated, but unsuccessful attempts to speak to plaintiff's attorney, Patrick Mannix, a sole...

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