QUICK-WAY EXCAVATORS, INC. v. D. H. OVERMYER CO., INC.


44 A.D.2d 740 (1974)

Quick-Way Excavators, Inc., Respondent, v. D. H. Overmyer Company, Inc., et al., Appellants. (Action No. 1.) Quick-Way Excavators, Inc., Respondent, v. D. H. Overmyer Company, Inc., et al., Appellants, et al., Defendants. (Action No. 2.)

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

April 18, 1974


Notes of issue in these actions to foreclose mechanic's liens were filed on September 11, 1969 and the cases were placed upon the Jury Calendar for the October, 1969 Trial Term of Supreme Court for Albany County. The cases were not moved for trial and, on June 30, 1970, were placed upon the Deferred Calendar where they remained until June 30, 1971, at which time they were automatically dismissed. On December 5, 1972, some 17 months later, plaintiff moved by order to show...

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