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BUSBY v. 150TH ST. GARAGE CORP.

93 A.D.2d 718 (1983)

Willie M. Busby, as Administratrix of The Estate of Elijah Busby, Jr., Deceased, Respondent, v. 150th Street Garage Corp., Respondent, and Calvin Hawkins, Jr., Appellant

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

April 7, 1983

In this wrongful death action, the death occurred in April, 1978, the summons was served on defendant Hawkins on July 13, 1979, and his answer was served on October 2, 1979. On January 30, 1981, defendant Hawkins served by mail a notice pursuant to CPLR 3216 (subd [b], par [3]) demanding that plaintiff serve and file a notice of trial placing the action on the Trial Calendar, and notifying plaintiff that in the event of failure to...

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