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ALESHIN v. CITY OF LONG BEACH

147 A.D.2d 604 (1989)

Julie Aleshin, an Infant, Plaintiff, and Hilary Aleshin, an Infant, by Their Mother and Natural Guardian, Lillian Aleshin, et al., Appellants, v. City of Long Beach et al., Respondents

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

February 21, 1989

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contentions, the Supreme Court properly found that they had failed to establish their entitlement to vacatur of the judgment dismissing the action pursuant to CPLR 3404 and restoration of the case to the Trial Calendar.

This matter, involving a May 1980 automobile accident, was struck upon the appellants' failure to proceed to trial on January 23, 1985. The appellants contend that...

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