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BUS. PRODS. CORP. OF AM. v. MITA COPYSTAR AM., INC.

244 A.D.2d 188 (1997)

665 N.Y.S.2d 274

Business Products Corporation of America, Appellant, v. Mita Copystar America, Inc., Respondent

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

November 13, 1997

The court properly exercised its calendar control authority by marking this case off the calendar, without prejudice to a formal motion to restore, and then by denying the motion, where it was made three years later (CPLR 3404). The application for recusal was without merit since plaintiff failed to show any circumstances that would even suggest that disqualification was warranted (see, Skripek v Skripek, 239 A.D.2d 488)....

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