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HEIST v. CAMERON

211 A.D.2d 429 (1995)

620 N.Y.S.2d 385

Peter Heist, Appellant, v. John Cameron et al., Respondents

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

January 10, 1995

The IAS Court, sua sponte, dismissed this action for failure to prosecute, when, on the date the court had set the matter down for trial, plaintiff's counsel, with a note of issue in hand, as directed, stated that, as an officer of the court, he could not file a certificate of readiness with unresolved discovery issues outstanding. Counsel also advised the court that the parties were in the process of settlement negotiations...

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