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STRACHAN v. SAM SAMAHA REST. CORP.

254 A.D.2d 198 (1998)

679 N.Y.S.2d 567

Daisy Strachan, as Administratrix of The Estate of Franklin Strachan, Deceased, Appellant, v. Sam Samaha Restaurant Corp. et al., Doing Business as McDonald's, Defendants, et al., Third-Party Plaintiff. Fl Sentry Management, Doing Business as Braddock Security Enforcement, Sued Herein as Security Enforcement Bureau, a Division of Braddock Security Management Group, Inc., Third-Party Defendant-Respondent

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

October 27, 1998

The motion court's dismissal of plaintiff's action pursuant to CPLR 3216 for want of prosecution was proper. After unreasonably allowing her action to remain dormant for some 18 months subsequent to her appointment as administratrix of the original plaintiff's estate, plaintiff failed to serve and file a note of issue within 90 days of third-party defendants' service of a demand therefor (see, Baczkowski v Collins Constr...

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