FRANKOLA v. MAINCO COMPANY, INC.


277 A.D.2d 178 (2000)

717 N.Y.S.2d 129

MARIA FRANKOLA, Appellant, v. MAINCO COMPANY, INC., et al., Respondents. MAINCO COMPANY, INC., Third-Party Plaintiff-Respondent, v. CAESAR PARK HOTEL AMERICA, INC., Third-Party Defendant-Respondent.

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

Decided November 30, 2000.


The motion to restore was properly denied where disclosure was not complete when the action was stricken from the trial calender, no disclosure took place while the case was off the calendar, and defendants would be prejudiced by having to complete disclosure eleven years after the incident and eight years after the action was stricken (see, Rodriguez v Middle Atl. Auto Leasing, 122 A.D.2d 720, 723, appeal dismissed

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