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SINISCALCHI v. WEED

194 Misc.2d 254 (2002)

753 N.Y.S.2d 346

BERNADETTE R. SINISCALCHI, Plaintiff, v. AMY L. WEED, Defendant.

Supreme Court, Otsego County.

December 20, 2002.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, LLP, Binghamton (Kevin T. Williams of counsel), for defendant.

Joseph A. Ermeti, Sidney, for plaintiff.

OPINION OF THE COURT

WILLIAM F. O'BRIEN, III, J.

Defendant presently moves to dismiss the above-named action for failure to prosecute pursuant to CPLR 3216.

Procedural/Factual Background

The underlying action arises from a motor vehicle accident which occurred on February 12, 1999, in the Town of Oneonta, New York. A summons and complaint was filed on February 2, 2001, and issue was joined by...

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