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RUSSELL v. BESSEN

126 A.D.2d 716 (1987)

Donald E. Russell, Respondent, v. Herbert Bessen, Appellant

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

January 26, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

Because the defendant failed to move to strike the note of issue filed by the plaintiff within 20 days after its service, as was then required by 22 NYCRR former 675.3, and, in fact, waited 17 months before submitting the motion to strike without offering a reasonable excuse for this excessive delay, the defendant is deemed to have waived his right...

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