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CHEM CONSTR. v. CITY OF NY

117 Misc.2d 703 (1983)

Chem Construction Corp., Plaintiff, v. City of New York (Brooklyn Municipal Building), Defendant.

Supreme Court, Special Term, Kings County.

January 26, 1983

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel, for defendant. Gottesman, Wolgel, Smith & Secunda, P. C., for Shreve, Lamb & Harmon Associates, P. C. Steven G. Rubin for Martin Mechanical Corporation. Sheldon Feinstein for plaintiff. McDonough, Marcus, Cohn & Tretter, P. C. (Steven I. Tolman of counsel), for David Coyne & Co., Inc. Hynes, Diamond & Reidy, P. C., for Economides & Goldberg, fourth-party defendant.

FRANK COMPOSTO, J.

The records kept in the office of the calendar clerk of this court reveal that these consolidated actions were marked off the calendar on July 31, 1981. One year later, on August 2, 1982, these actions were deemed abandoned and on that date they were dismissed pursuant to CPLR 3404.

CPLR 3404 provides as follows:

"R 3404. Dismissal of abandoned cases. "A case in the supreme court or a county court marked ...

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