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GARCIA v. CITY OF NEW YORK

1742, 18784/91, 1742A

72 A.D.3d 505 (2010)

900 N.Y.S.2d 17

EDDIE GARCIA, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 15, 2010.

Plaintiff, who seeks damages in connection with alleged police misconduct, filed his note of issue in 1996. A pretrial conference was scheduled for July 20, 1998. Plaintiff asserts that his attorneys never received notice of the conference and failed to appear for it. As a result, the court struck the case from the trial calendar. On July 13, 1999, plaintiff moved by order to show cause to restore the case to the calendar. Defendant...

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