M.P.S. MKTG. SERVS., INC. v. CHAMPION INT'L CORP.


176 A.D.2d 250 (1991)

M.P.S. Marketing Services, Inc., et al., Respondents, v. Champion International Corporation, Appellant

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

September 16, 1991


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.

The instant action arising from transactions in 1981, was commenced in 1983. The plaintiffs served discovery demands through December 1984, and then allowed the action to remain dormant. On April 20, 1989, the defendant served upon the plaintiffs' former counsel a 90-day notice pursuant to CPLR...

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