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SIMPSON v. APERITIVO, INC.

97 A.D.2d 710 (1983)

Nancy S. Simpson et al., Respondents, v. Aperitivo, Inc., Appellant

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

November 10, 1983

While the conduct of the defendant in this action to recover damages for personal injuries and defamation hardly qualifies as an exemplar of diligence, we are satisfied that the circumstances warrant granting a final opportunity to the defendant to resolve the contested issues on the merits. Thus in the exercise of our discretionary power, we reverse the order of the judgment below to afford the defendant an opportunity to serve...

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