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PUTNICK v. H.M.C. ASSOCS.

197 A.D.2d 763 (1993)

602 N.Y.S.2d 727

Lawrence Putnick et al., Respondents, v. H.M.C. Associates et al., Defendants and Third-Party Plaintiffs, and Electronic Business Systems Corporation, Appellant, et al., Defendants. Turner Telecommunications System Corporation, Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

October 21, 1993

We affirm. Plaintiffs have conceded that this matter was in fact struck from the trial calendar in January 1991 and, based upon our review of the record as a whole, we are unable to conclude that Supreme Court abused its discretion in restoring it.

Ordered that the order is affirmed,...

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