Chodikoff v. Troy Estates, Inc.

Appeal from an order of the Supreme 'Court at Special Term, entered July 8, 1970 in Rensselaer County, which denied defendant’s motion to dismiss plaintiff’s complaint for failure to prosecute, pursuant to CPLR 3216. The action accrued on December 3, 1966 and was commenced by service of a summons and complaint on January 7, 1969. The answer was served on January 17, 1969 on which date appellant also served a demand for a bill of particulars. On January 26, 1970 appellant served a 45-day notice, pursuant to CPLR 3216 (subd. [b], par. [3]). Since there was no compliance with the demand,…