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TEPPER v. CONSTANTINOU

109 A.D.2d 638 (1985)

Daniel Tepper, Appellant, v. Pericles Constantinou, Respondent

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

March 12, 1985

In denying plaintiff's motion to restore this action to the Trial Calendar, the trial court was understandably influenced by the apparent contradiction between the court records, which disclosed dismissal with prejudice of this action because of the nonappearance of plaintiff's counsel in the Calendar Part, and the affirmation of plaintiff's counsel that he had in fact been present in court at the beginning of the day. Although...

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