RONSCO CONSTR v. 30 E 85 CO.


219 A.D.2d 281 (1996)

641 N.Y.S.2d 33

Ronsco Construction Company, Inc., Respondent, v. 30 East 85th Street Company et al., Appellants, et al., Defendant

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

April 25, 1996


Attorney(s) appearing for the Case

John M. O'Connor of counsel, New York City (DeForest & Duer, attorneys), for respondent.

Ian L. Blant of counsel, New York City (Gurfein & Graubard, attorneys), for appellants.

MURPHY, P. J., SULLIVAN, WALLACH and ROSS, JJ., concur.


WILLIAMS, J.

This appeal addresses the questions of whether this action should be deemed dismissed pursuant to CPLR 3404 where plaintiff moved to restore it to the Trial Calendar within one year of the date that it was marked off the calendar, and the motion was granted but entered more than one year from the date it had been marked off; and whether, in any case, plaintiff met the burden for restoring the action...

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