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  5. 176 A.D.2d 783 (1991)
 

FLUSHING NAT'L BANK v. CARAT CONTRACTING CO., INC.

176 A.D.2d 783 (1991)

Flushing National Bank, Respondent, v. Carat Contracting Company, Inc., et al., Appellants

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

October 15, 1991

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendants in 1976 to recover the amount due on a promissory note and to recover damages for breach of a construction contract. Issue was joined, and pretrial proceedings continued until 1980. The case then languished until the plaintiff filed a note of issue and certificate of readiness in June 1989. The defendants moved to dismiss the complaint pursuant to CPLR 3404 on...

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