GOLDBERG v. SCHWARTZ


29 A.D.2d 873 (1968)

Althea R. L. Goldberg, Appellant, v. Martin Schwartz et al., Respondents. (And a Third-Party Action.)

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

March 11, 1968


We have held that CPLR 3216 (as amd. by L. 1967, ch. 770, eff. Sept. 1, 1967), shall be applied to all appeals reaching us after that effective date. Therefore defendants should have given the 45-day notice required by the statute, as amended, as a condition precedent to the motion for dismissal. No such notice was served by them. Moreover, on this record there was no persuasive showing by defendants that the delay was excessive or inexcusable, that prosecution of the action...

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