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AMELIVIA v. ROTH

42 A.D.2d 543 (1973)

Irma Amelivia, Respondent, v. Milton Roth, Doing Business as Dab's Men's Wear, Appellant, and Dab's Men's Wear, Defendant

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

June 19, 1973

The delay here was inordinate and not adequately explained. There was not only a failure to comply with the 45-day demand requirement of CPLR 3216, but also the action was commenced almost three years after the accident, and there was a 15 months' delay in the prosecution of the action, as well as a failure to serve a response to the demand for a bill of particulars until a conditional preclusion order. (Sortino v. Fisher

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