SALWEN PAPER CO., INC., PROFIT SHARING RET. TRUST v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC.


110 A.D.2d 895 (1985)

Salwen Paper Company, Incorporated, Profit Sharing Retirement Trust, Respondent, v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, Appellant

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

April 29, 1985


Order modified by (1) adding thereto a provision that defendant's motion is granted to the extent of vacating plaintiff's note of issue and statement of readiness and thereupon striking the action from the calendar, and is denied in all other respects, and (2) deleting the last sentence thereof. As so modified, order affirmed, with costs to defendant. Plaintiff's time to respond to defendant's interrogatories and notice to produce is extended until 60 days after service upon...

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