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HANSEL v. LAMB

166 Misc.2d 593 (1995)

634 N.Y.S.2d 954

Sheldon Hansel et al., Plaintiffs, v. Theodore E. Lamb, Jr., Defendant.

Supreme Court, Otsego County.

October 5, 1995

Attorney(s) appearing for the Case

Kenneth P. Ray, Utica, for plaintiffs. O'Connor, Gacioch & Pope, L. L. P., Binghamton (James C. Gacioch of counsel), for defendant.

IRAD S. INGRAHAM, J.

Plaintiffs bring the underlying action for personal injuries arising from an automobile accident, alleging the negligence of defendant. Defendant now moves to dismiss the complaint for neglect to prosecute pursuant to CPLR 3216.

FINDINGS OF FACT

The underlying negligence action was commenced by service of a summons and verified complaint in October 1990. Issue was then...

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