TATE v. FUSCO


103 A.D.2d 869 (1984)

Frank A. Tate, Jr., et al., Appellants, v. Andrew M. Fusco, Respondent

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

July 5, 1984


¶ This action was commenced on February 8, 1982 by service of a summons with notice; a complaint was served on June 22, 1982. In the interim, defendant appeared, but thereafter the counsel representing him withdrew. On July 20, 1982, defendant's new counsel fortuitously encountered plaintiffs' counsel and, from the discussion which ensued, he concluded that he had an unlimited extension of time to answer. Plaintiffs' attorney maintains that he merely agreed to give defendant...

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