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ELPA BUILDERS v. DE MARIA

28 Misc.2d 683 (1961)

Elpa Builders, Inc., Plaintiff, v. Frances De Maria, Defendant.

Supreme Court, Special Term, Nassau County.

February 27, 1961

Attorney(s) appearing for the Case

Joseph Stern for defendant. Harold Weidner for plaintiff.

MARIO PITTONI, J.

Defendant's motion to dismiss the complaint for failure to prosecute is granted.

There is no answering affidavit of merit on the issues (Moebus v. Paul Tishman Co., 5 A.D.2d 786 [2d Dept.]; Birch v. Wolper, 1 A.D.2d 1028 [2d Dept.]; and a belated filing of a note of issue does not excuse past neglect in prosecuting the action (Giovannucci...

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