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ETTER v. COUNTY OF NASSAU

261 A.D.2d 571 (1999)

690 N.Y.S.2d 712

MICHAEL T. ETTER et al., Respondents, v. COUNTY OF NASSAU et al., Appellants.

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

Decided May 24, 1999.

Ordered that the order is affirmed, with one bill of costs.

On September 20, 1994, this case was marked off the trial calendar upon agreement by the parties. One year later, pursuant to CPLR 3404, the action was deemed abandoned and automatically dismissed (see, Rosser v Scacalossi, 140 A.D.2d 318). By notice of motion dated January 27, 1998, the plaintiffs sought to restore the action to the calendar.

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