FASS v. GREENBAUM


22 Misc.2d 112 (1960)

Max Fass, Plaintiff, v. Bernard Greenbaum, Individually and Doing Business under the Name of B & G Trailer Company, Defendant.

Supreme Court, Special Term, Nassau County.

April 13, 1960.


Attorney(s) appearing for the Case

Margolin & Schekter for defendant.

Harry Zeitlan for plaintiff.


MARIO PITTONI, J.

This is a motion by the defendant to dismiss the plaintiff's complaint pursuant to section 181 of the Civil Practice Act and rule 156 of the Rules of Civil Practice for the plaintiff's failure to diligently prosecute this action, and for the plaintiff's failure to serve and file a note of issue during a period of more than three years since issue was joined in this action. The accident herein occurred September 2, 1954, and issue was...

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