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McINERNEY v. BENTLEY INDUS., INC.

87 A.D.2d 644 (1982)

Patrick McInerney et al., Plaintiffs, v. Bentley Industries, Inc., et al., Defendants. Bentley Industries, Inc., Third-Party Plaintiff-Respondent; City of New York, Third-Party Defendant, and Mac Whyte Company, Third-Party Defendant-Appellant

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

March 29, 1982

Order reversed, on the law, without costs or disbursements, and renewed motion to vacate the dismissal and restore the third-party action to the Trial Calendar is denied.

Pursuant to a stipulation entered in open court by the third-party plaintiff on January 27, 1977, the third-party action was severed and marked off the calendar upon condition that the third-party plaintiff restore the action by filing a note of issue upon 10 days' notice. There was no further activity...

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