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COLLINS v. ELBADAWI

265 A.D.2d 850 (1999)

695 N.Y.S.2d 634

CARL COLLINS et al., Appellants, v. NABILA ELBADAWI et al., Respondents, et al., Defendant.

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

Decided October 1, 1999.

Order unanimously reversed on the law without costs, motion granted, order vacated and action restored to trial calendar.

Memorandum:

Supreme Court improvidently exercised its discretion in denying plaintiffs' motion to vacate the order dismissing this action pursuant to CPLR 3404 and restore this action to the trial calendar. The case was marked off the calendar on May 6, 1996 by consent of the parties. On May...

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