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STODOLSKI v. CITY OF HUDSON

94 Misc.2d 889 (1978)

Marilla Stodolski, Plaintiff, v. City of Hudson et al., Defendants.

Supreme Court, Special Term, Columbia County.

March 9, 1978

Attorney(s) appearing for the Case

George S. Lettko, Corporation Counsel, for City of Hudson, defendant. Maynard, O'Connor & Smith (Roger J. Cusick of counsel), for Hudson City Savings Bank, defendant. King & Murphy (Anthony P. Adang of counsel), for plaintiff.

GEORGE L. COBB, J.

In this negligence action, the motion of defendant Hudson City Savings Bank, made pursuant to CPLR 3216 to dismiss the complaint herein for failure to prosecute, will be denied.

Movant served the 45-day notice described in CPLR 3216 (subd [b], par [3]) more than 45 days prior to the first yearly anniversary of the joinder of issue and while the authors of one well-recognized text apparently condone that practice (4 Weinstein...

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