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DUNBAR v. G. & S. PARTNERS

146 Misc.2d 641 (1990)

Carol Dunbar, Respondent, v. G. & S. Partners, Appellant, and Sid Hall, Inc., Doing Business as Sid Hall Carpets and Linoleum, Defendant and Third-Party Plaintiff-Appellant. Aaa Management Co., Third-Party Defendant-Respondent. G. & S. Associates, Third-Party Plaintiff-Respondent, v. Super Carting Corp., Third-Party Defendant-Respondent. Sid Hall, Inc., Second Third-Party Plaintiff-Respondent, v. Super Carting Corp., Second Third-Party Defendant-Respondent. G. & S. Associates, Third Third-Party Plaintiff-Respondent, v. Transworld Maintenance Service, Inc., Third Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, Second Department.

May 15, 1990

Attorney(s) appearing for the Case

White, Fleischner & Fine (Robert Gregg Schenker of counsel), for appellant. Waxman & Miller, P. C. (Michael Majewski of counsel), for defendant and third-party plaintiff-appellant. Baron & Vesel, P. C. (David A. Vesel of counsel), for respondent.

KASSOFF, P. J., PIZZUTO and SANTUCCI, JJ., concur.

MEMORANDUM.

Order affirmed, without costs.

On January 11, 1988, the case was marked off the Trial Calendar because of the nonappearance of plaintiff's counsel. A week before the anniversary date, on January 4, 1989, plaintiff applied, by motion returnable January 23, 1989, for restoration of the case to the calendar. Her counsel affirmed that on the day of the calendar call he had mechanical difficulties with his...

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