ASKEW v. ROSE JOY CORP.


25 A.D.2d 679 (1966)

Wallace Askew, Respondent, v. Rose Joy Corporation et al., Appellants

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

March 28, 1966


Order reversed, without costs; defendants' motion to dismiss the complaint granted; plaintiff's motion denied; and complaint dismissed, without costs.

Pursuant to CPLR 3216, defendants duly served upon plaintiff's attorney a written demand that within 45 days plaintiff serve and file a note of issue. Plaintiff failed to comply with such demand. In our opinion, the 29-month delay in the prosecution of the action is not excusable on the ground that plaintiff had moved...

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