GUERRIER v. 50 PINE INC.


81 Misc.2d 982 (1974)

Alix Guerrier, Plaintiff, v. 50 Pine Inc., Defendant.

Civil Court of the City of New York, New York County.

December 20, 1974


Attorney(s) appearing for the Case

Tropp, Goldfinger & Berson for defendant. Joseph Kelner for plaintiff.


STANLEY P. DANZIG, J.

The defendant moves to dismiss the complaint for delay in prosecution pursuant to CPLR 3216.

The defendant followed the 45-day demand procedure of CPLR 3216 and bases its motion on plaintiff's failure to comply therewith by filing a note of issue within 45 days. There has been a 30-month delay in prosecution since issue was joined and the action has not yet been placed upon the...

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