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McINTIRE ASSOCS., INC. v. GLENS FALLS INS. CO.

41 A.D.2d 692 (1973)

McIntire Associates, Inc., Respondent, v. Glens Falls Insurance Company, Appellant

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

February 23, 1973

Order unanimously reversed, with costs, and motion denied.

Memorandum:

It was an improvident exercise of discretion for Special Term to restore the action to the Supreme Court Calendar of Erie County. It had been placed on the General Docket on March 6, 1969 and because no application to restore it was made, it was deemed abandoned and automatically dismissed on March 7, 1970 pursuant to CPLR 3404 (see, also, 22 NYCRR 1024.13). For nearly two years following...

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