LAING v. BUSHIN


255 A.D.2d 113 (1998)

679 N.Y.S.2d 144

Jeffrey Laing et al., Appellants, v. Howard Bushin et al., Individually and Doing Business as Bushin and Rosman, Respondents

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

November 5, 1998


Plaintiffs' action was "marked off" the calendar for failure to appear at a pretrial conference in 1993, and plaintiffs did not thereafter take any steps in prosecution of the action until four years later when they attempted to file a note of issue. Under the circumstances, plaintiffs' interim prosecution of a related but unconsolidated action is insufficient to rebut the presumption of abandonment (see, Rodriguez v Middle Atl. Auto Leasing,

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