STOCK SHOP, INC. v. NEW YORK TIMES CO.


223 A.D.2d 426 (1996)

637 N.Y.S.2d 39

Stock Shop, Inc., Respondent, v. New York Times Company, Appellant. (And a Third-Party Action.)

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

January 18, 1996


The IAS Court properly exercised its discretion in restoring the case to the trial calendar, since the requirements of 22 NYCRR 202.21 (f) were satisfied. Defendant's contention that plaintiff made a "deliberate and knowing misrepresentation" to the court is unsubstantiated. Finally, we note that the IAS Court, in its prior order, dated January 6, 1995, clearly gave plaintiff the option of moving once again to restore this case to

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