[DOWNLOAD] "Milton Mound v. Martha v. Bartos Et Al." by Supreme Court of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Milton Mound v. Martha v. Bartos Et Al.
• Author : Supreme Court of New York
• Release Date : January 17, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Order, Supreme Court, New York County, entered September 17, 1976, denying defendant Harry Buchman's motion for an order dismissing the action as to him because of plaintiff's failure to prosecute, unanimously reversed, on the law, the motion granted and the action severed as to him. Appellant shall recover of respondent $60 costs and disbursements of this appeal. CPLR 3216 (subd [e]) provides that ""In the event that the party upon whom is served the demand specified in subdivision (b) (3) of this rule fails to serve and file a note of issue within such forty-five day period, the court may take such initiative or grant such motion unless the said party shows justifiable excuse for the delay and a good and meritorious cause of action."" In February, 1975, defendant Buchman demanded service and filing of a note of issue by plaintiff (an attorney) within 45 days after service of the demand pursuant to CPLR 3216. Plaintiff did not file his note of issue until December, 1975. Special Term referred the factual issue of whether said defendant's 45-day notice was received by plaintiff to a Special Referee who found that such notice had, in fact, been received by plaintiff. The report of the Referee was confirmed. Special Term did not make new

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