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SCHMIDT, JR. v. MACK

46 A.D.3d 1205 (2007)

849 N.Y.S.2d 99

GLENN SCHMIDT, JR., Individually and as Parent of GLENN SCHMIDT, III, and Infant, Respondent, v. DAVID MACK, an Infant, by GEORGE MACK et al., His Parents, Appellant.

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

Decided December 20, 2007.

Kane, J.

Plaintiff commenced this personal injury action in June 1999 and issue was joined two months later. In September 2003, Supreme Court granted a motion for summary judgment dismissing the complaint against George Mack and Gail Mack. In June 2006, counsel for defendant sent plaintiff a written demand to resume prosecution and file a note of issue (see CPLR 3216). When no note of issue was filed, defendant moved to dismiss the complaint. The court denied...

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