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GHICA DESIGNS v. BONANZA

124 Misc.2d 1029 (1984)

Georgette Ghica Designs, Inc., Plaintiff, v. Bonanza Trucking Corp. et al., Defendants.

Supreme Court, New York County.

June 28, 1984

Attorney(s) appearing for the Case

Kazlow & Kazlow (Amos Weinberg of counsel), for plaintiff. Condon & Forsyth (John R. Cowie, Jr., of counsel), for Swissair, defendant.

DAVID B. SAXE, J.

Defendant Swissair has brought this motion to dismiss the complaint based upon the plaintiff's failure to diligently prosecute this action.

Plaintiff opposes this motion contending that CPLR 3216 has not been complied with, viz., that Swissair never properly served it with a written 90-day demand for the resumption of prosecution of the action. (CPLR 3216, subd [b], par [3].) A similar notice was served some time ago by a codefendant...

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