CLAYTON-GARCIA v. MOSKIN


256 A.D.2d 299 (1998)

682 N.Y.S.2d 614

PAMELA CLAYTON-GARCIA, Respondent, v. JEFFREY MOSKIN et al., Appellants. (And a Third-Party Action.)

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

Decided December 7, 1998.


Ordered that the order is modified, on the facts, by adding a provision thereto conditioning the granting of the plaintiff's motion on the payment of $1,500 by the plaintiff's attorneys to the attorneys for the defendants; as so modified, the order is affirmed, without costs or disbursements.

The defendants appeal the grant of the plaintiff's motion to restore this case to the trial calendar after it was dismissed pursuant to CPLR 3404. However, because the plaintiff...

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