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112 A.D.2d 775

Graczyk v. White

Appellate Division of the Supreme Court of the State of New York · decided 1985-07-12

Decided 1985-07-12

¶1Order modified, in the exercise of discretion, to provide that the granting of defendants’ motion be conditioned upon defendants paying to plaintiff $500 in view of the costs and inconvenience incident to the delay and that plaintiff be allowed a continuance for additional preparation (CPLR 3025 [b]), and, as modified, affirmed, without costs.

¶2All concur, except Callahan, J., who dissents and votes to reverse and deny the motion in the following memorandum.

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