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CITY OF NEW YORK v. TRUST

257 A.D.2d 526 (1999)

682 N.Y.S.2d 591

CITY OF NEW YORK, Respondent, v. SUTPHIN TRUST et al., Appellants.

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

Decided January 26, 1999.

Since the clerk's call in the instant action was not of the type contemplated by CPLR 3404, and since the action was not marked off the court calendar, no presumption of abandonment arose pursuant to CPLR 3404, and, accordingly, the motion to dismiss the action as abandoned within the meaning of that statute was properly denied (see, Smith v Sheen, 216 A.D.2d 147; Banca Di Roma v Tripodi Eyewear Intl., 219...

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