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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. TINTER

198 A.D.2d 113 (1993)

603 N.Y.S.2d 157

Merrill Lynch, Pierce, Fenner and Smith, Inc., Respondent, v. Boris Tinter, Appellant

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

November 16, 1993

The May 1990 "restoration" of the case to Justice Cohen's calendar did not involve a CPLR 3404 issue because the matter had never actually been "marked off" the trial calendar (Denver v American Home Prods. Corp., 138 A.D.2d 670, 671).

Such an issue was raised when, following Justice Cohen's "marking off" of the case in either November 1990 or January 1991 to allow defendant to...

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