ALLSTATE INS. CO. v. SEIBERT


100 A.D.2d 562 (1984)

Allstate Insurance Company, as Assignee of Howard Madden et al., Respondent, v. John Seibert, Individually and Doing Business as Sei-Be General Contractors and Carpenters, et al., Appellants, et al., Defendants

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

March 19, 1984


¶ Order reversed, as a matter of discretion, with one bill of costs, motions to dismiss the complaint as to appellants granted, and plaintiff's cross motion denied in its entirety.

¶ In light of the facts that the event giving rise to this action occurred in 1973, the action is more than seven years old, no discovery has occurred since March, 1980, and a 90-day notice pursuant to CPLR 3216 was ignored for approximately nine months, it was an improvident...

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