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ABRAMS, KOCHMAN, RATHSKELLER, INC. v. ESQUIRE MOTELS, INC.

79 A.D.2d 879 (1980)

Abrams, Kochman, Rathskeller, Inc., Respondent, v. Esquire Motels, Inc., et al., Appellants

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

December 23, 1980

Order unanimously reversed, with costs, motion granted, and complaint dismissed.

Memorandum:

Defendants appeal from an order which denied their motion, pursuant to CPLR 3216, to dismiss plaintiff's complaint for want of prosecution. A written demand was served upon plaintiff to file a note of issue within 45 days or defendants would seek dismissal of the complaint for unreasonably neglecting to proceed. Plaintiff failed to respond or file a note of issue until...

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