PERSONALIZED HOME CARE, LTD. v. TVERT


262 A.D.2d 383 (1999)

691 N.Y.S.2d 571

PERSONALIZED HOME CARE, LTD., et al., Appellants, v. RONALD M. TVERT et al., Respondents.

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

Decided June 7, 1999.


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated; and it is further,

Ordered that the plaintiffs' time to produce the appropriate witnesses for deposition is enlarged until 30 days after the service upon them of a copy of this decision and order.

The Supreme Court improvidently exercised its discretion in dismissing the plaintiffs' complaint pursuant to CPLR 3126 inasmuch as the...

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