WILLIAMS v. BAKER


29 A.D.2d 915 (1968)

Kenneth Williams et al., Appellants, v. Charles F. Baker, Respondent

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

March 28, 1968


Judgment and order unanimously reversed, without costs, and defendant's motion to dismiss complaint for failure to prosecute denied.

Memorandum:

Were it not for the amendment to CPLR 3216, effective September 1, 1967, we would be constrained to affirm this order made March 3, 1967. Plaintiffs have been guilty of inordinate delay and indifference in the prosecution of their action. The order recites that a note of issue was filed, therefore, defendant should...

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