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DUNNE v. McGUIRK

62 A.D.2d 1080 (1978)

Mary Dunne, Respondent, v. Joseph J. McGuirk et al., Appellants, et al., Defendants

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

April 13, 1978

This action was commenced by the service of a summons and complaint, verified November 6, 1959. In 1968, defendants moved to dismiss the amended complaint and in 1969 the motion was denied. The action was placed on the Deferred Calendar in September, 1971. In September, 1972, the action was struck from the calendar pursuant to CPLR 3404 and rule 861.16 of the Appellate Division, Third Department (22 NYCRR 861.16). By a notice of motion dated May 3, 1973, plaintiff moved to...

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