GLATZER v. WOIKE


31 A.D.2d 529 (1968)

William Glatzer, Respondent, v. Richard Woike, Appellant

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

November 21, 1968


Order entered on May 5, 1966 unanimously reversed, on the law and the facts, and the complaint dismissed for failure to prosecute, without costs or disbursements.

After joinder of issue on April 30, 1957, and completion of pretrial proceedings by mid-1960, the record shows no action on plaintiff's part until his response, six days late, to a 45-day notice served on him pursuant to CPLR 3216 on February 4, 1966. The extraordinary delay is not excused by the fact that...

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