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BONOFF v. TROY

244 A.D.2d 260 (1997)

664 N.Y.S.2d 442

Peter F. Bonoff, Individually and as Shareholder of General Linen Supply & Laundry Co., Inc., Appellant, v. William B. Troy, Individually and as Executor of Carl E. Troy and Others, Deceased, et al., Respondents

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

November 20, 1997

Defendants do not dispute plaintiff's diligent prosecution of the action after retention of new counsel in 1993, including timely completion of document discovery thereafter, the filing and service of a note of issue and statement of readiness in 1994. When defendants moved for summary judgment, the motion court, anticipating a delay in issuing a decision, sua sponte marked the matter off of the calendar. When plaintiff moved...

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