Order reversed, without costs; motion 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 failed to comply with such demand. In our opinion, the excuses offered by the plaintiff did not justify the delay in prosecuting the action (Heller v. Josephthal & Co.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.