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IAZZETTA v. VICENZI

243 A.D.2d 540 (1997)

663 N.Y.S.2d 109

Patricia Iazzetta, Respondent, v. Ronald R. Vicenzi et al., Appellants

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

October 14, 1997

Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the plaintiff's cross motion is denied.

A case in the Supreme Court which is stricken from the calendar and not restored within one year thereafter, "shall be deemed abandoned and shall be dismissed without costs for neglect to prosecute" (CPLR 3404). In the instant case, the Supreme Court improvidently exercised its discretion in vacating the judgment which dismissed...

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