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CHAVOUSTIE v. VILL. OF NEWARK

52 A.D.2d 1064 (1976)

Carol J. Chavoustie, Appellant v. Village of Newark et al., Respondents

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

May 28, 1976

Order affirmed, without costs.

Memorandum:

This case having been stricken from the general docket pursuant to CPLR 3404, a motion to restore it to the Trial Calendar is not in order. Only by a motion to vacate the default with the showing required on such a motion (see McIntire Assoc. v Glens Falls Ins. Co., 41 A.D.2d 692) may the court consider the application. We do not reach the merits.

All concur except...

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