ROBERTS v. NEW YORK POST CORP.


24 A.D.2d 714 (1965)

Murean B. Roberts et al., Respondents, v. New York Post Corporation, Appellant

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

September 30, 1965


Order entered on August 2, 1965, denying defendant's motion to dismiss libel action for failure to prosecute unanimously reversed on the law, on the facts, and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and the motion is granted, with $10 costs.

The motion to dismiss was made on general grounds of delay and not because of the failure to notice the action for trial. Consequently, the 45-day notice provision of CPLR 3216...

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