CORDTS v. BOB CURRY OLDSMOBILE CADILLAC, INC.


187 A.D.2d 806 (1992)

Franklin Cordts et al., Appellants, v. Bob Curry Oldsmobile Cadillac, Inc., et al., Respondents

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

November 5, 1992


Plaintiffs commenced this action in January 1986 alleging fraud, negligence and breach of contract in connection with their purchase of an automobile in December 1982. Although issue was joined in May 1986, defendants contend that no steps were taken by plaintiffs to prosecute the case. Consequently, in March 1990, defendants each served plaintiffs with a 90-day demand for filing a note of issue pursuant to CPLR 3216. By letter dated April 23, 1990, plaintiffs' new counsel...

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