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FIRST JEFFERSONIAN ASSOCIATES v. ELITE ASSOCIATES, INC.

276 A.D.2d 741 (2000)

715 N.Y.S.2d 152

FIRST JEFFERSONIAN ASSOCIATES, Appellant, v. ELITE ASSOCIATES, INC., et al., Respondents.

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

Decided October 30, 2000.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the motion to dismiss the action pursuant to CPLR 3404. The plaintiff failed to appear for calendar call on November 23, 1994, and the case was marked off the calendar that day. The action was automatically dismissed pursuant to CPLR 3404 one year later. The entry of a certificate of dismissal was unnecessary...

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