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BRULENE CO-OP APTS. v. MARLOFF ASSOC.

53 Misc.2d 968 (1967)

Brulene Co-Operative Apartments, Inc., Plaintiff, v. Marloff Associates, Inc., et al., Defendants. Louis Marberg et al., Defendants and Third-Party Plaintiffs, v. Jacob Schneider et al., Third-Party Defendants. Marloff Associates, Inc., Defendant and Fourth-Party Plaintiff, v. Paul A. Cardone et al., Fourth-Party Defendants.

Supreme Court, Special Term, Queens County.

May 24, 1967

Attorney(s) appearing for the Case

Dreyer & Traub for Marloff Associates, Inc., defendant and fourth-party plaintiff, and for Jacob Schneider, third-party defendant. Maxwell H. Tretter for plaintiff.

JAMES A. ROE, JR., J.

In this action for damages for the alleged breach of a construction contract, defendant Marloff Associates, Inc., and third-party defendant Jacob Schneider move to dismiss the action pursuant to CPLR 3216 for plaintiff's failure to prosecute upon the ground of general delay.

The action was commenced by the service of a summons and complaint on September 17, 1956. The moving defendant served its answer on November 14, 1957...

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