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PEARLMAN v. PEARLMAN

251 A.D.2d 390 (1998)

673 N.Y.S.2d 322

Gary Pearlman, Appellant, v. Penelope R. Pearlman, Respondent

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

June 8, 1998

Ordered that the order is reversed, as a matter of discretion, with costs, the plaintiff's motion is granted, the order dated December 6, 1996, is vacated, and the action is restored to the trial calendar.

By order dated December 6, 1996, the court struck the complaint and the counterclaim due to the parties' failure to appear at a preliminary conference. However, the plaintiff had filed a note of issue on October 22, 1996. Both parties denied

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