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MILBANK v. LAUERSEN

188 A.D.2d 644 (1992)

Natalie Milbank et al., Respondents, v. Neils H. Lauersen, Appellant

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

December 28, 1992

Ordered that the order is affirmed insofar as appealed from, with costs.

The granting of the defendant's motion would have vitiated the stipulation whereby the plaintiffs extended the defendant's time to serve its answer in exchange for a waiver by the defendant of the defense of lack of personal jurisdiction. Because setting aside the stipulation could have irrevocably upset the status quo, resulting in the dismissal of...

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