Derusha v. Golub Corp.

— Appeal from an order of the Supreme Court at Special Term, entered August 28, 1980 in Warren County, which denied defendant’s motion, pursuant to CPLR 3216, to dismiss the complaint for failure to prosecute. The underlying action is for personal injuries allegedly sustained as the result of defendant’s negligence. The action was commenced on July 18, 1978 and issue was joined on August 21, 1978. On November 9, 1979, defendant served a demand for the service and filing of a note of issue pursuant to CPLR 3216 upon plaintiff’s attorney. The note of issue was never filed and on March 18, 1980…