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SOUFER v. SHAYANI

261 A.D.2d 239 (1999)

690 N.Y.S.2d 241

EDWARD SOUFER, Respondent, v. CYNTHIA SHAYANI, Appellant.

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

Decided May 18, 1999.

In the circumstances herein, the action was properly restored to the calendar. Both sides were ready to proceed to trial some two years before but expressed a mutual preference not to because of almost certain prospects of a settlement. The case should have been marked settled and thus not subject to further calendar calls, but was not due to clerical error. Plaintiff's attorney represented that he did not receive notice of the...

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