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HIPPLE v. BLOOM

149 A.D.2d 406 (1989)

Mary Hipple, Appellant, v. Perry Bloom, Doing Business as Perry Bloom Cleaners, Respondent

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

April 3, 1989

Ordered that the order is affirmed, with costs.

The plaintiff's case was marked off the Trial Calendar in January 1983 after her counsel failed to appear at a calendar call. No motion was ever made to restore the action to the calendar. In September 1987 the plaintiff simply filed a new note of issue. The defendant's motion to strike the case from the Trial Calendar and to dismiss the complaint was properly granted. The...

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