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SKRABALAK v. ROCK

175 A.D.2d 976 (1991)

Robert J. Skrabalak et al., Respondents, v. Jerome F. Rock, Appellant

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

August 29, 1991

Contrary to defendant's contention, Supreme Court did not abuse its discretion by denying defendant's motion to dismiss due to plaintiffs' minimal and nonprejudicial 11-day delay in serving the complaint (see, Lehigh Val. R. R. Co. v North Am. Van Lines, 25 A.D.2d 923; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3012:12, at 658). In any event, the affidavit...

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