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MORHAIM v. MORHAIM

81 A.D.2d 790 (1981)

Isaac Morhaim, Appellant, v. Sara Morhaim, Respondent

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

May 19, 1981

Plaintiff's entire case having been effectually reinstated by restoration of the note of issue, the dismissal of the complaint pursuant to CPLR 3404 has become academic. The history of this case leading to the literal application of the rule by dismissal is unique, pointing up as it does an exception that proves the existence of the rule requiring dismissal of cases actually abandoned. The case was first stricken by reason of failure...

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