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POPPLE v. ELLIS MOTOR CO.

28 Misc.2d 698 (1961)

Claude Popple, as Guardian ad Litem for Laura Popple, an Infant, Plaintiff, v. Ellis Motor Co., Inc., et al., Defendants.

Supreme Court, Trial and Special Term, Madison County.

February 16, 1961

Attorney(s) appearing for the Case

John F. Robertson for defendants. William C. Olcott for plaintiff.

HOWARD A. ZELLER, J.

Defendants move to dismiss the complaint because of plaintiff's failure to diligently prosecute this action.

This action was commenced on December 11, 1956 by service of a summons and complaint. Issue was joined on December 28, 1956. No note of issue has ever been served or filed by plaintiff. The calendar situation in Madison County is such that this action could have been reached for trial more than three years ago had it...

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