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GLEICH v. NAIBURG

212 A.D.2d 758 (1995)

623 N.Y.S.2d 292

Jerome Gleich, Appellant, v. David Naiburg, Respondent

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

February 27, 1995

Ordered that the order is affirmed, with costs.

The excuse proffered by the plaintiff for his failure to timely serve a note of issue — that his attorney had lost the case file — was insufficient to defeat the defendant's motion to dismiss the complaint for failure to prosecute (see, CPLR 3215 [e]; Shu Chaing Chan v Fendt, 187 A.D.2d 574; Papadopoulas v R.B. Supply Corp., 152 A...

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