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JEFFS v. JANESSA, INC.

226 A.D.2d 504 (1996)

641 N.Y.S.2d 75

Todd Jeffs, Appellant, v. Janessa, Inc., Respondent, et al., Defendant

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

April 15, 1996

Ordered that the order is affirmed, with costs.

This case was marked off the trial calendar in October 1993 and dismissed pursuant to CPLR 3404 in December 1994. In January 1995, the plaintiff moved, inter alia, to restore the action to the trial calendar. The Supreme Court denied the motion and we affirm.

"A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case...

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