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FARMER v. L. B. SMITH, INC.

57 A.D.2d 734 (1977)

Stanley Farmer et al., Appellants, v. L. B. Smith, Inc., et al., Respondents

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

April 15, 1977

Order unanimously affirmed, without costs.

Memorandum:

Special Term did not abuse its discretion in denying the application to vacate the dismissal of plaintiffs' action pursuant to CPLR 3404 after expiration of the one-year period. The moving papers do not allege facts to justify the relief appellants seek (see McIntire Assoc. v Glens Falls Ins. Co., 41 A.D.2d 692...

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