MONAHAN v. FIORE


76 A.D.2d 884 (1980)

Deborah C. Monahan, an Infant, by Her Father and Natural Guardian, Vincent Monahan, et al., Appellants, v. Fabian Fiore, Defendant, and Edward Klosowski et al., Respondents

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

June 16, 1980


Order affirmed, with $50 costs and disbursements. The instant action was dismissed in 1976 pursuant to CPLR 3404.

In 1978 plaintiffs successfully moved to vacate the dismissal and restore the action to the Trial Calendar. On an appeal from that order by defendant Fiore, this court reversed and denied plaintiffs' motion (Monahan v Fiore, 71 A.D.2d 914). An appeal from the same order by codefendants Klosowski was dismissed...

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