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ABARE v. MOORE

27 A.D.2d 147 (1967)

Richard Abare, Respondent, v. William H. Moore, Appellant

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

February 15, 1967.

Attorney(s) appearing for the Case

Halter, Sullivan & Rehfuss (John J. Cunningham of counsel), for appellant.

Van Ness & Russell (Robert M. Douglas of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur in opinion Per Curiam.

Per Curiam.

This is an appeal from an order of Supreme Court, Special Term, which denied defendant's motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216.

CPLR 3216, captioned "Want of prosecution" as pertinent provides that a motion may not be made until at least six months after joinder of issue and after service of a written demand requiring such note of issue to be filed...

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