MILAZZO v. BARNABY CONCRETE CORP.


30 A.D.2d 802 (1968)

Joseph Milazzo, Respondent, v. Barnaby Concrete Corp. et al., Appellants, et al., Defendant

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

July 16, 1968


Order entered December 6, 1967, herein appealed from unanimously reversed, on the law, with $30 costs and disbursements, and the motion to dismiss the complaint and sever the action as to appellants is granted.

The accident upon which this action is premised occurred more than seven years ago. Following upon the commencement of an action almost three years thereafter, the case proceeded in somewhat desultory fashion. There was a lack of compliance with the demand...

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