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SMITH v. NANASI

213 A.D.2d 394 (1995)

624 N.Y.S.2d 871

Dewayne Smith, Appellant, v. John Nanasi et al., Respondents

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

March 6, 1995

Ordered that the order is affirmed, with one bill of costs to the respondents 1800 Property Co. and Parkway Realty Associates.

The plaintiff failed to move to restore the action to the Supreme Court's calendar of active cases within one year of its being marked off that calendar, and it was dismissed pursuant to CPLR 3404. Since the plaintiff has failed to show a justification for the delay, lack of prejudice, and a meritorious cause of action, he is not entitled...

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