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MARTIN v. ADLER

135 Misc.2d 383 (1987)

William A. Martin, Jr., et al., Plaintiffs, v. Barry Adler, Defendant.

Supreme Court, Rockland County.

May 1, 1987

Attorney(s) appearing for the Case

Donald Tirschwell for defendant. LaTorella & Maher (Thomas R. Maher of counsel), for plaintiffs.

ROBERT J. STOLARIK, J.

This is a motion by the defendant for an order dismissing plaintiffs' complaint as untimely commenced, pursuant to CPLR 3211 (a) (5), and, in the alternative, for failure to state claims upon which relief can be granted, pursuant to CPLR 3211 (a) (7). Plaintiffs, in turn, cross-move for a default judgment pursuant to CPLR 3215 on the ground that defendant has failed to timely respond...

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