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M & J TRIMMING, INC. v. KEW MGMT. CORP.

254 A.D.2d 21 (1998)

677 N.Y.S.2d 789

M & J Trimming, Inc., et al., Respondents, v. Kew Management Corporation, Appellant, et al., Defendant

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

October 1, 1998

The order directing plaintiffs to file the note of issue unfairly deprived defendant of its right to discovery (Lipson v Dime Sav. Bank, 203 A.D.2d 161, 162-163), especially where the record shows that if anyone, it was plaintiffs, not defendant, who engaged in dilatory conduct, and it was plaintiffs who had the burden to prosecute the action here (see, CPLR 3216 [a]). Neither the court's order declining to sign the OSC nor...

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