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DERUSHA v. GOLUB CORP.

81 A.D.2d 987 (1981)

Lewie H. Derusha, Jr., Also Known as Lewis H. Derusha, Respondent, v. Golub Corporation, Doing Business as Price Chopper Stores, Defendant and Third-Party Plaintiff-Appellant. International Multifoods Corp., Third-Party Defendant and Fourth-Party Plaintiff-Appellant; Ball Manufacturing Group, Fourth-Party Defendant-Appellant

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

May 28, 1981

The underlying action is for personal injuries allegedly sustained as the result of defendant's negligence. The action was commenced on July 18, 1978 and issue was joined on August 21, 1978. On November 9, 1979, defendant served a demand for the service and filing of a note of issue pursuant to CPLR 3216 upon plaintiff's attorney. The note of issue was never filed and on March 18, 1980 defendant brought the instant motion to dismiss under the provisions of CPLR 3216. Plaintiff...

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