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TRAVELERS INDEM. CO. v. CENT. TRUST CO. OF ROCHESTER

49 A.D.2d 1024 (1975)

Travelers Indemnity Company, Respondent, v. Central Trust Company of Rochester, Appellant

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

October 31, 1975

Order unanimously reversed, with costs; motion to restore the case to the Trial Calendar denied and cross motion to dismiss the action for nonprosecution granted.

Memorandum:

Less than three weeks before one year would have expired from the time this action had been moved from the Trial Calendar to the general docket plaintiff brought on this motion to restore the case to the Trial Calendar. Defendant thereupon cross-moved for dismissal of the action for nonprosecution...

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