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DALTO v. 3660 PARK WANTAGH OWNERS, INC.

275 A.D.2d 296 (2000)

712 N.Y.S.2d 58

ANTHONY DALTO, Plaintiff, v. 3660 PARK WANTAGH OWNERS, INC., Defendant and Third-Party Plaintiff, et al., Defendants. WESLEY D. FORD, Third-Party Defendant-Appellant; JOHN MARTINO, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Other Actions.)

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

Decided August 7, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

By letter dated September 27, 1994, the former attorney for the third-party defendant-appellant, Wesley D. Ford, informed the court that the subject action had been settled except for claims against the third-party defendant-respondent, John Martino, and that the parties consented to have the case removed from the trial calendar. No action was taken to restore it to the trial calendar and, consequently...

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