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YACONO v. WATERMAN S.S. CO., INC.

216 A.D.2d 556 (1995)

628 N.Y.S.2d 571

John Yacono, Respondent, v. Waterman Steamship Co., Inc., Defendant, and Buck Kreighs Co., Inc., Appellants

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

June 26, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the plaintiff's motion which is to restore the action to the court's calendar insofar as it is asserted against the defendant Buck Kreights Co., Inc., is denied, and the action against the remaining defendant is severed.

It is well settled that a party seeking to restore a case to the trial calendar after it has been dismissed...

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