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JOHNSON v. CAFARO

54 A.D.2d 557 (1976)

Judith Johnson, Respondent, v. John N. Cafaro, Defendant, and Lutheran Medical Center, Appellant

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

September 20, 1976

Order affirmed, without costs or disbursements.

On the facts of this case, it was a proper exercise of discretion for Special Term to have granted the motion to dismiss for failure to prosecute only if plaintiff failed to file a statement of readiness and note of issue by a date certain (see Moran v Rynar, 39 A.D.2d 718

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