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COHN v. BORCHARD AFFILIATIONS

30 A.D.2d 74 (1968)

Viola Cohn et al., Respondents, v. Borchard Affiliations, Appellant

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

May 14, 1968.

Attorney(s) appearing for the Case

Lewis I. Wolf of counsel (Henry Wolfman, attorney), for appellant.

Abraham W. Sereysky for respondents.

EAGER and McNALLY, JJ., concur with STEUER, J.; STEVENS, J. P., dissents in opinion in which TILZER, J. concurs.

STEUER, J.

Special Term denied defendant's motion to dismiss the action for lack of prosecution upon the ground that no 45-day notice pursuant to CPLR 3216 was served. Were it not for the rule it would not be arguable that the unreasonable neglect to prosecute the action shown by this record would mandate dismissal (Sortino v. Fisher, 20 A.D.2d 25). Defendant argues that despite the statute the same relief should...

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