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PETERSON v. MOTOR SALES CO. OF KINGSPORT, INC.

35 A.D.2d 847 (1970)

Anne M. Peterson et al., Respondents, v. Motor Sales Co. of Kingsport, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Donald Peterson, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 30, 1970

Order reversed, with $10 costs and disbursements, and motion denied.

This action was marked "off" the Ready Day Calendar in September, 1966. By virtue of the provisions of CPLR 3404 it was deemed abandoned and dismissed one year later as it had not been restored to the calendar in the interim. The motion to restore was made some 28 months after the case had been marked "off" the calendar. CPLR 3404 is not to be rigidly applied...

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