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FRANCIS v. ST. LUKE'S HOSP.

40 A.D.2d 973 (1972)

Martha Francis, Respondent, v. St. Luke's Hospital, Appellant

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

December 28, 1972

This action was instituted in July, 1969, and issue was joined in September, 1969. Thereafter plaintiff failed to proceed in any way with the prosecution of this action. No adequate excuse was demonstrated for the inordinate delay in the prosecution of this action or for plaintiff's failure to comply with the 45-day notice served by defendant and no affidavit of merits was submitted by plaintiff. (Sortino v. Fisher, 20 A.D.2d 25

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