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RILEY v. MAKOWSKI

92 A.D.2d 664 (1983)

Luke F. Riley, Jr., Respondent, v. Robert Makowski, Appellant

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

February 10, 1983

This action for breach of contract was commenced on October 27, 1980 and an answer was served on January 13, 1981. A motion by defendant to dismiss the complaint was denied on January 27, 1981. For over one year no further action was taken by plaintiff and on or about February 26, 1982 defendant served a demand to file a note of issue within 90 days pursuant to CPLR 3216 (subd [b], par [3]). When no action was taken by plaintiff, defendant, by a notice of motion dated May...

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