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SALCH v. PARATORE

92 A.D.2d 889 (1983)

John B. Salch, Respondent, v. Louis Paratore et al., Appellants

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

March 14, 1983

Orders reversed, in the exercise of discretion with one bill of $50 costs and disbursements, defendants' motions granted and complaint dismissed.

Defendants each served a proper written demand pursuant to CPLR 3216, requiring plaintiff to resume prosecution of his action and to serve and file a note of issue within 90 days. After the prescribed 90-day period expired, they each moved to dismiss for want of prosecution. Special...

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