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HORN v. COOLEY

30 A.D.2d 729 (1968)

James L. Horn, Respondent, v. Elbert R. Cooley, Appellant

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

June 27, 1968

MEMORANDUM BY THE COURT.

A mere recitation of the time table impels us to the determination that the inordinate delay in the prosecution of this action requires the granting of the motion to dismiss. The accident occurred on June 6, 1960 and the summons was served on August 11, 1960. Defendant promptly served a notice of retainer and demand for the complaint. Plaintiff failed to comply with the demand and on October 4 an order dismissing the action was granted if...

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