HOGAN v. CITY OF KINGSTON


243 A.D.2d 981 (1997)

663 N.Y.S.2d 380

Jay F. Hogan, Appellant, v. City of Kingston, Respondent

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

October 23, 1997


White, J.

This negligence action was commenced in December 1994 for personal injuries sustained by plaintiff when he fell at the Common Counsel Chamber in the City of Kingston, Ulster County. Issue was joined and some discovery was completed. On April 22, 1996, defendant served plaintiff with a 90-day demand for resumption of prosecution pursuant to CPLR 3216 (e). After being served with the 90-day demand to...

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