JOHNSON v. AVIS RENT A CAR SYS., INC.


91 A.D.2d 626 (1982)

Norman Johnson et al., Appellants, v. Avis Rent a Car Systems, Inc., et al., Respondents

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

December 13, 1982


Order affirmed, with $50 costs and disbursements.

Plaintiffs failed to comply with defendants' demand that they resume prosecution of this action by serving and filing a note of issue within 90 days after receipt of their demand. At Special Term, plaintiffs' attorney admitted that despite the alleged lack of co-operation of plaintiffs' physician in providing a medical report, the attorney had told his secretary to file a note of issue but that she had failed to do...

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