In this action to recover on promissory notes for an indebtedness owed by defendants to plaintiff on the purchase of fur goods and for fraud, defendants moved to strike allegedly scandalous and prejudicial material from the complaint pursuant to CPLR 3024 (b). Defendants' motion was made returnable on April 23, 1987 but was set down for a hearing on May 5, 1987, at which time the court signed an order marking it off calendar for failure of both sides to appear.
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