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MARABELLA v. LUNDY

93 A.D.2d 881 (1983)

Louis A. Marabella, Respondent, v. Timothy Lundy et al., Appellants, et al., Defendant

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

April 25, 1983

Order reversed, on the law, with $50 costs and disbursements, appellants' motion granted and plaintiff's cross motion denied.

In the absence of an acceptable excuse for the failure to respond to the calendar call and an affidavit of merits, it was an abuse of discretion to restore plaintiff's action to the Trial Calendar (see Rothenberg v Parkway Exterminating Co., 90 A.D.2d 497; 22 NYCRR...

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