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SVENDSEN v. SHERMAN

181 A.D.2d 556 (1992)

John S. Svendsen et al., Respondents, v. Spencer E. Sherman et al., Appellants

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

March 19, 1992

Defendants offered no reason for their failure to settle an order to implement the January 22, 1990 memorandum of Justice Preminger within 60 days (22 NYCRR 202.48) and accordingly the first motion to dismiss for failure to prosecute should have been deemed abandoned (see, Stanley v City of New York, 157 A.D.2d 466, 467, lv dismissed 75 N.Y.2d 947). The affidavit of Dr. Goldfeder, one of the two doctors who originally...

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