Adriance v. County of Rensselaer

Appeal from an order of the Supreme Court at Special Term, entered October 24, 1975 in Rensselaer County, which granted plaintiff’s motion to vacate the automatic dismissal of plaintiff’s action pursuant to CPLR 3404. Plaintiff’s intestate died in a one-car accident on New York State Route 7 in Rensselaer County on March 25, 1967. The within action was commenced on May 10, 1968 and issue was joined on July 30, 1968. Preliminary proceedings were conducted between August of 1970 and November of 1972 and a note of issue was filed on August 7, 1972. Defendant’s motion to vacate that *1003note of issue…