SALZANO v. MASTRANTONIO


267 A.D.2d 5 (1999)

699 N.Y.S.2d 45

KARELLE SALZANO, Respondent, v. JOHN MASTRANTONIO, Individually and as Partner of SHEY, ROBBINS AND MASTRANTONIO, et al., Appellants.

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

Decided December 2, 1999.


As the motion court found, in the present circumstances, defendants have not been prejudiced by the three-year delay between the CPLR 3404 automatic dismissal of the action and the motion to restore (see, Zabari v City of New York, 242 A.D.2d 15, 18). Indeed, defendants themselves appear to acknowledge that they will not be prejudiced if provided with updated medical records and allowed to conduct a physical examination and another...

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