KOHN v. SABRA TRUCKING & WAREHOUSE, INC.


41 A.D.2d 521 (1973)

Bernice Kohn, Respondent, v. Sabra Trucking and Warehouse, Inc., et al., Appellants

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

January 18, 1973


The action was begun July 6, 1966. Issue was joined and the case appeared on the calendar on September 26, 1969, and was struck off for failure to appear. In accord with CPLR 3404 it was dismissed on September 26, 1970. From then until January, 1972, when this motion was made, no steps were taken. No adequate excuse was offered for the original failure, nor for the delay in seeking to cure the default (Sortino v. Fisher, 20 A.D.2d 25

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