HURLEY v. DOUGHERTY


56 A.D.2d 974 (1977)

Ellen Hurley, Appellant, v. James Dougherty et al., Respondents, et al., Defendants

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

March 31, 1977


Plaintiff appeals from an order which dismissed the complaint as to two defendants because of her failure to serve and file a note of issue in compliance with a 45-day demand served under CPLR 3216. This action was commenced and issue was joined in 1972. A 45-day demand to resume prosecution of the action was served upon plaintiff's attorneys on April 24, 1975. There was no response until March 25, 1976. The sole excuse offered as justification for the 11-month delay is that...

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