In July 1980, plaintiff was injured when a blouse she was wearing, allegedly sold by defendant, ignited, causing severe burns. This action was commenced in December 1981 and a note of issue was filed approximately two years later. The case was struck from the Trial Calendar by consent of the parties on October 1, 1984 and was marked as abandoned on October 15, 1985. Finding that the automatic dismissal provisions of CPLR 3404 are not controlling...
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