Mound v. Bartos

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…