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WHITNEY v. BOHACK FOOD STORES

53 Misc.2d 1022 (1967)

Annabelle Whitney, Respondent, v. Bohack Food Stores, Appellant.

Supreme Court, Appellate Term, Second Department.

May 24, 1967

Attorney(s) appearing for the Case

Marvin, Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for appellant. Shepps, Saltzman & Haber (William B. Saltzman of counsel), for respondent.

Concur — MARTUSCELLO, GROAT and COYLE, JJ.

Per Curiam.

In view of plaintiff's failure to present any excuse for the lack of prosecution and an affidavit of merits, her motion should have been denied (CPLR, 5015, subd. [a], par. 1; Keating v. Smith, 20 A.D.2d 141). Rule 14 of the Nassau County District Court Rules, authorizing the dismissal of an action which remains on the general calendar for more than a year without...

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