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ANDERSON v. DOTEN

187 A.D.2d 893 (1992)

Kelli Anderson, Respondent, v. Penny J. Doten et al., Defendants, and Ford Motor Company, Mercury Division, Appellant

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

November 25, 1992

Crew III, J.

Plaintiff commenced this action against, among others, defendant Ford Motor Company, Mercury Division (hereinafter defendant) on or about December 29, 1989 and defendant answered on or about January 30, 1990. On June 24, 1991, defendant served a 90-day demand to file a note of issue pursuant to CPLR 3216 (b) (3). Plaintiff did not comply with the demand and defendant subsequently moved to dismiss the complaint for failure to prosecute pursuant...

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