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FAZIO v. C.B. WAREHOUSING, INC.

133 A.D.2d 737 (1987)

Christopher Fazio, Respondent, v. C.B. Warehousing, Inc., Defendant, and International Forwarding Systems, Inc., Doing Business as Atlas Moving and Storage, Appellant. (And a Third-Party Title.)

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

October 19, 1987

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements. The appellant's time to answer the plaintiff's second amended complaint is extended until 30 days after service upon it of a copy of this decision and order, with notice of entry.

We cannot say that it was an abuse of discretion for the court to deny the appellant's motion to dismiss the second amended complaint on account of the...

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