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NORTH SHORE EXCH., INC. v. HOME INS. CO.

24 A.D.2d 1021 (1965)

North Shore Exchange, Inc., Respondent, v. Home Insurance Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1965

Order reversed, without costs, motions granted unconditionally, and complaint dismissed, without costs.

Pursuant to CPLR 3216, as amended, defendants duly served upon plaintiff's attorneys a notice demanding that within 45 days plaintiff file a note of issue. Plaintiff admits the failure to comply and the excuse proffered by its attorney is not sufficient (see Heller v. Josephthal & Co., 21 A.D.2d 872

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