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ORGANIZED PLANNING v. NORTHEAST INS.

29 Misc.2d 121 (1961)

Organized Planning Company, Inc., Plaintiff, v. Northeastern Life Insurance Company of New York, Defendant.

Supreme Court, Special Term, Kings County.

April 19, 1961

Attorney(s) appearing for the Case

Zipser & Levitt for defendant. Goldman & Frier for plaintiff.

MURRAY T. FEIDEN, J.

Motion to dismiss for lack of prosecution. This action has been at issue for 21 months without the service and filing of a note of issue. The plaintiff has failed to submit an affidavit of merits in opposition to the motion. Under the circumstances, the court is constrained to grant the motion. (Moebus v. Tishman Co., 5 A.D.2d 786; Brassner Mfg. Co. v. Consolidated Edison Co.,

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