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McDONALD v. SONG MOUNTAIN, INC.

125 A.D.2d 1006 (1986)

Maryanne McDonald, an Infant, by James McDonald, Her Father, Respondent, v. Song Mountain, Inc., Appellant

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

December 19, 1986

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: In this long-delayed action, defendant served upon plaintiff a demand to resume prosecution of the action and to file and serve a note of issue within 90 days (CPLR 3216 [b] [3]). Plaintiff failed to comply, and defendant moved to dismiss the complaint. In response to the motion, plaintiff made no effort...

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