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O'DELL v. STORNELLI

98 A.D.2d 957 (1983)

Jesse E. O'Dell, Respondent, v. Samuel Stornelli et al., Appellants, et al., Defendant

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

December 16, 1983

Order unanimously affirmed, with costs.

Memorandum:

Following denial of plaintiff's motion to vacate an order of dismissal entered pursuant to CPLR 3404, Special Term properly entertained plaintiff's motion to renew (see Prude v County of Erie, 47 A.D.2d 111, 113-114; cf. Barry v Good Samaritan Hosp., 86 A.D.2d 853, revd on other grounds 56 N.Y.2d 921

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