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NAJAR v. NAJAR

2016-10866, Index No. 6037/14.

173 A.D.3d 748 (2019)

99 N.Y.S.3d 703

2019 NY Slip Op 04389

Adel Musa Najar, Appellant, v. Mohammed Najar, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 5, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action in April 2014. In or around June 2016, the defendant cross-moved, inter alia, pursuant to CPLR 3215(c) to dismiss the complaint as abandoned. In an order dated September 28, 2016, the Supreme Court granted the defendant's cross motion. The plaintiff appeals.

CPLR 3215(c) provides, in part, that "[i]f the plaintiff fails to take proceedings...

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