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HONEOYE FALLS-LIMA CENT. SCH. DIST. v. LEO J. ROTH CORP.

53 A.D.2d 1044 (1976)

Honeoye Falls-Lima Central School District, Appellant, v. Leo J. Roth Corp. et al., Respondents Barrett Division of Allied Chemical Corp., Third-Party Plaintiff, v. Martin Fireproofing Corporation, Third-Party Defendant, Respondent

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

July 12, 1976

Order unanimously affirmed, with costs.

Memorandum:

This case was stricken from the general docket and dismissed for neglect to prosecute by entry of the court clerk pursuant to CPLR 3404. Thus defendants' motions at Special Term to dismiss the complaint were unnecessary and moot. Special Term properly granted defendants' motions to strike plaintiff's note of issue since no action was pending when the note of issue was filed. Plaintiff's cross motion to restore...

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