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SAGOLD CORPORATION, Respondent, v. BELDEN MANOR HOMES, INC., et al., Appellants, et al., Defendants.

Appeal by three defendants from an order denying their motion to extend their time to answer the complaint. Order modified by adding thereto, immediately after the word "denied", the following: "without prejudice to renewal of the motion upon proper papers." As so modified, order affirmed, without costs. Although the moving papers were palpably insufficient to warrant the granting of the motion, as was pointed out by the Special Term, under the circumstances disclosed in the record appellants should have another opportunity to apply for the relief in question, setting forth all necessary and material facts. Wenzel, Acting P.J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur.

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SAGOLD CORPORATION v. BELDEN MANOR HOMES, INC
(Nov 28, 1955)