Wood v. Converse
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Dier, J.), entered July 1, 1998 in Warren County, which denied defendant’s motion to, inter alia, dismiss the complaint for failure to prosecute.
Plaintiff commenced this action against defendant, her mother, for injuries she purportedly sustained on March 27, 1994 when she allegedly slipped and fell in the driveway of defendant’s residence in the Town of Lake George, Warren County. Following joinder of issue and discovery, activity on this matter apparently ceased for approximately 2V2 years, prompting defendant to issue a 90-day demand (see, CPLR…
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