Hurley v. Dougherty

Appeal from an order of the Supreme Court at Special Term, entered April 30, 1976 in Albany County, which granted a motion by defendants Dougherty and Macomber to dismiss the complaint as to them for want of prosecution. Plaintiff appeals from an order which dismissed the complaint as to two defendants because of her failure to serve and file a note of issue in compliance with a 45-day demand served under CPLR 3216. This action was commenced and issue was joined in 1972. A 45-day demand to resume prosecution of the action was served upon plaintiff’s attorneys on April 24, 1975. There was no…