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MAZZACANO v. JORDAN

40 Misc.2d 901 (1963)

Anthony Mazzacano, Plaintiff, v. Peter Jordan, Defendant.

Supreme Court, Special Term, Queens County.

October 22, 1963

Attorney(s) appearing for the Case

Robert J. Finan for plaintiff. Peter Belsito for defendant.

GEORGE W. HERZ, J.

This is a motion by the executrix of the now deceased plaintiff for an order of substitution and for an order striking out the answer of the defendant and granting summary judgment in favor of the plaintiff. The defendant cross-moves to dismiss the complaint for lack of prosecution.

The motion was made on August 28, 1963, prior to the effective date of the Civil Practice Law and Rules...

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