ROBERTS v. RYAN HOMES, INC.


78 A.D.2d 584 (1980)

Richard H. Roberts, Respondent, v. Ryan Homes, Inc., Appellant. (Appeal No. 1.)

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

September 26, 1980


Order unanimously reversed, without costs, and motion denied.

Memorandum:

This action arises out of a building contract entered into between plaintiff and defendant in 1966. Plaintiff commenced suit on the contract in 1971. A note of issue was filed in 1976 and later the case was put on the general docket for Monroe County in August, 1977. A motion to restore this case to the General Calendar was made and granted in June, 1978. However, since no order was...

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