Caton v. Redmond

— Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered August 7, 1980 in Saratoga County, which denied defendant’s motion to dismiss this action, pursuant to CPLR 3216, because of plaintiffs’ failure to comply with a demand to file and serve a note of issue within 90 days. On October 19,1977, plaintiffs commenced this action wherein they seek compensatory and punitive damages because of allegedly slanderous and libelous statements made about them by defendant on October 18, 1976. Defendant’s answer was served on November 4,1977, and that same day defendant made a…