AM. BARRICK RES. CORP. v. SMITH


169 A.D.2d 584 (1991)

American Barrick Resources Corporation et al., Appellants, v. Scott L. Smith et al., Respondents, et al., Defendants

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

January 24, 1991


In August 1989, defendants moved for summary judgment by motion returnable September 19, 1989. Plaintiffs failed to submit opposition to the motion, despite several extensions of time granted by defendants, and, in fact, caused the motion to be marked "off calendar" due to failure to properly submit a stipulation of adjournment to the court. Plaintiffs then defaulted on defendants' application to restore the motion to the calendar and for judgment. After receiving notice...

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