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SIMMONS v. KEMBLE

150 A.D.2d 986 (1989)

George E. Simmons, Also Known as Pat Simmons, et al., Appellants, v. John V. G. Kemble, III, Respondent

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

May 25, 1989

Mahoney, P. J.

This action pursuant to RPAPL articles 5 and 15 was commenced by service of a summons and complaint on December 11, 1986. An answer and counterclaim was served on December 24, 1986. A reply to the counterclaim was served shortly thereafter. On December 26, 1986, defendant demanded a bill of particulars and noticed an oral deposition of plaintiffs for January 1987. Plaintiffs did not appear at the deposition and did not move to vacate or...

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