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DMYTRENKO v. ATKINS

39 A.D.2d 833 (1972)

Michael Dmytrenko, Respondent, v. Bruce G. Atkins et al., Appellants. Empire Mutual Insurance Company, Appellant

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

May 25, 1972

Order unanimously reversed, without costs, and motion denied.

Memorandum:

This action was commenced on August 14, 1965 to recover damages for injuries sustained on January 7, 1965. The case was placed on the general docket on February 5, 1968 and was deemed abandoned on February 5, 1969 (CPLR 3404). On August 26, 1971 plaintiff moved to restore the case to the calendar on the affidavit of his attorney showing that the case was removed from the Trial Calendar...

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