Taylor v. Edwards

Motion by defendant Clay to dismiss this action for failure to prosecute after service of the 45-day notice pursuant to CPLR 3216. It does not appear that the codefendant was served with notice of this application.

Plaintiff was a passenger in one of the cars which was involved in a two-car collision. Both vehicles are insured by the same carrier., Plaintiff sustained serious injuries, suffering a com-minuted fracture of the left maxillary bone with depression and deformity requiring surgery and other injuries detailed in plaintiff’s opposing papers. Plaintiff served and filed a note of issue…