NUNESS v. INT'L HARVESTER CO.


35 A.D.2d 1056 (1970)

Jefferson Nuness, Respondent, v. International Harvester Co., Appellant

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

December 29, 1970


Respondent's notice of motion to remove the action from the Deferred Calendar to the Ready Calendar was served, concededly, prior to the expiration of one year. CPLR 2211 provides that notice motions are made when notice is served. Appellant's reliance upon McNamara v. Hutchinson (33 A.D.2d 26) is misplaced. In McNamara there was a failure to move to transfer the action from the Deferred Calendar prior to its automatic dismissal...

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