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CONTE v. HILL'S SUPERMARKETS

66 Misc.2d 208 (1970)

Isabella Conte et al., Appellants, v. Hill's Supermarkets, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

November 20, 1970

Attorney(s) appearing for the Case

Cooper Abrams & Herman (Hyman Herman of counsel), for appellants. Bernard Helfenstein for respondent.

Present — HOGAN, P. J., GULOTTA and GLICKMAN, JJ.

Per Curiam.

Insofar as rule 14 of the Nassau County District Court Rules (22 NYCRR 3840.14) permits the dismissal of a case which has not been noticed for trial, without service of the 45-day notice required by CPLR 3216, it is invalid. This is true whether it is done as the result of a motion by the defendant or by the court on its own motion (Plump v. Harth, 52 Misc.2d 787).

The order should be unanimously...

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