600 PARTNERS CO. v. BERGER


260 A.D.2d 227 (1999)

686 N.Y.S.2d 305

600 PARTNERS CO., Respondent, v. STEVEN A. BERGER et al., Appellants, et al., Defendants.

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

Decided April 15, 1999.


Assuming, as appellants argue, that the motion court lacked authority to recall, sua sponte, its prior order dismissing the action as against them, their remedy was not to ignore such recall order, but to take an appeal, which they did, but inexplicably failed to pursue. The instant appeal from the denial of appellants' motion to vacate the note of issue, in which they argued that the recall order is invalid and that they are therefore no longer party to the action...

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