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TALLMAN v. DANCETERIA, LTD.

274 A.D.2d 324 (2000)

710 N.Y.S.2d 71

PEGGY S. TALLMAN, Appellant, v. DANCETERIA, LTD., et al., Respondents.

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

Decided July 13, 2000.

The procedural "missteps" in this matter do not warrant the "draconian sanction" of dismissal of the complaint. The court cited no specific statutory grounds for dismissing the complaint initially, and indeed the complaint should not have been dismissed (see, e.g., CPLR 3404, 3216; see also, Cohn v Borchard Affiliations, 25 N.Y.2d 237). Far from abandoning her case, plaintiff had moved for a default judgment against the non...

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