KOLBASIUK v. PRINTERS BINDARY, INC.


93 A.D.2d 739 (1983)

Edward Kolbasiuk, Respondent, v. Printers Bindary, Inc., et al., Appellants

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

April 14, 1983


Plaintiff filed the complaint, statement of readiness and note of issue in this personal injury action in November, 1978. After being noticed for trial, the case appeared on the Trial Calendar nine times between June, 1979 and May, 1980, and was ultimately marked off the calendar on the ninth occasion. Defendants' assertion to the contrary notwithstanding, there is no indication that the markoff constituted a dismissal of the action, nor is there any indication as to which...

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