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MANCHENO v. CITY OF NEW YORK

155 A.D.2d 519 (1989)

Laura Mancheno et al., Respondents, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. New York Board of Fire Underwriters, Third-Party Defendant-Appellant

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

November 13, 1989

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, and the motion is denied.

On March 23, 1987, this case was marked "off" the calendar when the plaintiffs' counsel failed to appear at a conference. By operation of law, the action was automatically dismissed by the clerk one year later in March 1988 (see, CPLR 3404). The plaintiffs' motion to restore —...

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