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NUNEZ v. GOODMAN

186 A.D.2d 521 (1992)

Georgina Nunez, Individually and as Guardian of Marissa Nunez, Respondent, v. Elliot Goodman et al., Appellants

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

October 29, 1992

Defendants had moved for an order striking plaintiff's note of issue and certificate of readiness on the ground that the action was not ready for trial. The court signed a short-order form dated August 24, 1989 in which the decretal portion was left blank. Next to "Answering Affidavits — Exhibits" was a handwritten notation "Not Answered". More than a year later, defendants moved for an order of dismissal pursuant to CPLR 3404.

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