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JACOBS v. CHEM. BANK OF NEW YORK TRUST CO., INC.

38 A.D.2d 701 (1972)

Violette S. Jacobs et al., Respondents, v. Chemical Bank of New York Trust Co., Inc., et al., Appellants

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

January 31, 1972

The plaintiff failed to heed the 45-day notice to timely file a note of issue. Moreover, plaintiff did not submit any justifiable excuse for the delay in prosecution and did not file an affidavit of merits. (CPLR 3126; Palm v. American Progressive Health Ins. Co., 34 A.D.2d 629; Wertheimer v. J. B. Oil Serv. Corp., 36 A.D.2d 584.) Several factors adverted to in the minority memorandum, namely...

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