Motion by defendant Clay to dismiss this action for failure to prosecute after service of the 45-day notice pursuant to CPLR 3216. It does not appear that the codefendant was served with notice of this application.
Plaintiff was a passenger in one of the cars which was involved in a two-car collision. Both vehicles are insured by the same carrier. Plaintiff sustained serious injuries, suffering a comminuted fracture of the...
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