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TORO v. GRACIN

148 A.D.2d 364 (1989)

Salvatore F. Toro, as Administrator of The Estate of Yolanda Toro, Deceased, Respondent, v. Thomas Gracin, Appellant, et al., Defendant. (And a Third-Party Action.)

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

March 21, 1989

We cannot agree with the motion court that the five-month period from the date of commencement of the action to the bringing on of this motion constituted "inordinate delay" of the magnitude to deny relief. It must be emphasized that this motion was brought pursuant to that cited section of the CPLR venue article (art 5) which permits such a motion to be made at "any time before trial" (Korman v City of New York, 89 A.D.2d 888)....

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