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TILDEN FIN. CORP. v. MUFFOLETTO

161 A.D.2d 583 (1990)

Tilden Financial Corp., Respondent, v. Richard Muffoletto, Appellant

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

May 7, 1990

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to strike the action from the Trial Calendar (see, 22 NYCRR 202.21 [e]). Although a stay of discovery was in effect during the pendency of the plaintiff's motion for summary judgment (see, CPLR 3214 [b]), there was nevertheless ample time within which the defendant could have made requests for discovery. However...

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