Appellate Division of the Supreme Court of the State of New York June 28, 1971 (Chodikoff v. Troy Estates, Inc.)

Appeal from an order of the Supreme 'Court at Special Term, entered July 8, 1970 in Rensselaer County, which denied defendant’s motion to dismiss plaintiff’s complaint for failure to prosecute, pursuant to CPLR 3216. The action accrued on December 3, 1966 and was commenced by service of a summons and complaint on January 7, 1969.