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JANSEN'S GAS SERV. v. WARREN PETROLEUM

47 Misc.2d 461 (1965)

Jansen's Bottled Gas Service, Inc., Plaintiff, v. Warren Petroleum Corporation, Defendant and Third-Party Plaintiff. L. P. Transportation, Inc., Third-Party Defendant.

Supreme Court, Special Term, Albany County.

August 31, 1965

Attorney(s) appearing for the Case

Dugan, Casey, Burke & Lyons (Samuel R. Whiting of counsel), for defendant and third-party plaintiff. Donohue, Bohl, Clayton & Komar for third-party defendant. Howard Alpert for plaintiff.

T. PAUL KANE, J.

Defendant moves to dismiss the complaint in this action for failure to diligently prosecute same pursuant to CPLR 3216 and for summary judgment under CPLR 3212.

This action was commenced on January 15, 1964. Following a conditional order of dismissal for failure to serve a complaint, the required pleading was served on July 17, 1964. Issue was joined on July 30, 1964. Defendant served a demand for a bill of particulars dated September...

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