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ZAPELL v. MECCA

190 A.D.2d 791 (1993)

Estelle Zapell, Respondent, v. Dominick J. Mecca et al., Defendants, and Mohammed A. Malik et al., Appellants

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

February 16, 1993

Ordered that the order is affirmed, with costs.

The instant action was placed on the trial calendar on or about August 24, 1988, upon the filing of a note of issue by the plaintiff's attorney. The matter was scheduled for trial by the court on December 11, 1989, but was adjourned until December 26, 1989, due to the failure of the appellants and their attorney to appear. The plaintiff's attorney sent the appellants' attorney a letter by certified mail, return receipt...

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