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MANSFIELD v. PROPER

205 A.D.2d 829 (1994)

615 N.Y.S.2d 296

Lisa Mansfield et al., Respondents, v. Mark D. Proper, Appellant

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

June 2, 1994

Plaintiffs' negligence action was dismissed by Supreme Court pursuant to CPLR 3404. Subsequently, plaintiffs moved to restore the action to Supreme Court's ready trial calendar. We find no abuse of Supreme Court's discretion to vacate its dismissal in this case. Our review of the record reveals that plaintiffs established that they did not intend to abandon the action and that the action may be meritorious. Further, there is sufficient excuse for the delay and defendant has...

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