BAUMGARTNER v. FOODARAMA SUPERMARKETS, INC.


86 A.D.2d 590 (1982)

Nancy E. Baumgartner et al., Respondents, v. Foodarama Supermarkets, Inc., Doing Business as Shop Rite Supermarkets, Appellant, et al., Defendant

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

January 18, 1982


Order reversed, without costs or disbursements, and motion denied with leave to plaintiffs to renew their motion upon proper papers, should they be so advised.

A motion to restore an action to the calendar must be supported by affidavits showing an excuse for the delay in prosecution and demonstrating the merits of the action (see Monahan v Fiore, 71 A.D.2d 914; 22 NYCRR 675.5). Plaintiffs explained that their failure to...

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