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BYK-CHEMIE GMBH v. EFKA CHEMS.

161 A.D.2d 196 (1990)

Byk-Chemie Gmbh et al., Respondents, v. Efka Chemicals, B.V., et al., Appellants, et al., Defendants

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

May 3, 1990

We find plaintiffs submitted sufficient evidence to show a meritorious claim. Further, plaintiffs' efforts to schedule depositions dispel any presumption that the action was abandoned. Additionally, the defendants have made no showing that they were prejudiced by any delay in the prosecution of this action (Cerrato v Thurcon Constr. Corp., 94 A.D.2d 642; Sortino v Fisher,

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