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DOLSON v. AVIS-RENT-A-CAR SYS., INC.

57 A.D.2d 758 (1977)

Josephine Dolson, as Administratrix of The Estate of Edward J. Dolson, Deceased, Respondent, v. Avis-Rent-a-Car System, Inc., Appellant

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

May 12, 1977

The defendant-appellant is correct in its assertion that plaintiff's counsel has not prosecuted this action with diligence and that the rules of the court require a motion to restore a case to the calendar to be made within one year of its being stricken. Such a rule, based as it is upon "a presumption [of abandonment] rather than a fixed and immutable policy of dismissal" must give way to such evidence as was presented here that...

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