AMSLER v. VERRILLI


203 A.D.2d 403 (1994)

610 N.Y.S.2d 851

Suellen Amsler et al., Appellants, v. George Verrilli, Respondent, et al., Defendants

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

April 18, 1994


Orderded that the appeal is dismissed, with costs.

The plaintiffs' counsel requested that the action be stricken from the trial calendar and then neglected to move to restore the case to the calendar within one year. Consequently, the action was automatically dismissed pursuant to CPLR 3404, and judgment was entered thereon. The plaintiffs' counsel subsequently moved for leave to file a late note of issue, and the defendants...

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