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CARDINALES v. JAMAICA HOSP.

225 A.D.2d 646 (1996)

639 N.Y.S.2d 840

Iris Cardinales, Respondent, v. Jamaica Hospital et al., Appellants, et al., Defendants

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

March 18, 1996

Ordered that the order is affirmed, with one bill of costs.

Under the circumstances of this case, it was not an improvident exercise of the court's discretion to deny the motion and cross motion to dismiss the action pursuant to CPLR 3404. While CPLR 3404 creates a rebuttable presumption that an action marked off the trial calendar and not restored for a period of one year has been abandoned, the presumption is rebutted...

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