Stubblebine v. Fratto

Appeal from an order of Supreme Court, Ulster County, which denied appellant’s motion pursuant to CPLR 3216 to dismiss the action for failure to file a note of issue. The plaintiff seeks to recover for injuries sustained in an assault on him which occurred August 17, 1964 while he was a patron of defendant’s tavern. The summons was served August 9, 1967. The complaint served September 5, 1967 and issue was joined September 29, 1967. The case not having been noticed for trial, a 45-day notice was sent to plaintiff’s attorney October 8, 1969 and a motion dated December 4 and returnable December…