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JACKSON v. NEW YORK CITY HOUSING AUTHORITY

259 A.D.2d 383 (1999)

687 N.Y.S.2d 128

DEMETRIOUS JACKSON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. (And a Third-Party Action.) GRAHAM ARCHITECTURAL PRODUCTS CORPORATION, Fourth-Party Plaintiff, v. VISOR BUILDERS, Fourth-Party Defendant-Appellant. NEW YORK CITY HOUSING AUTHORITY, Fifth-Party Plaintiff, v. VISOR BUILDERS, INC., Fifth-Party Defendant-Appellant.

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

Decided March 23, 1999.

The motion court properly found a reasonable excuse for the delay in seeking restoration and no intent to abandon the action upon the basis of plaintiff's attorney's unrefuted representation that the case had been marked off the calendar by another Justice because of plaintiff's incarceration without prejudice to its restoration upon plaintiff's release. Such circumstance, and the fact that disclosure had been completed before the action was marked off, warranted dispensing...

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