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MINER v. WILLIAM S. MERRELL CO.

52 A.D.2d 1080 (1976)

Genevieve H. Miner, as Executrix of Roy P. Warren, Deceased, Respondent, v. William S. Merrell Co. et al., Appellants. (Appeal No. 2.)

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

May 28, 1976

Order unanimously reversed, without costs, plaintiff's motion denied; cross motion granted and complaint dismissed.

Memorandum:

This action was begun by service of a summons in August, 1964 and a complaint in January, 1965. Plaintiff filed a note of issue in September, 1966 for the November Trial Term. In September, 1967 the case was removed to the general docket. Within one year thereafter plaintiff's motion to restore the case to the Trial Calendar was granted...

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