REYNOLDS v. 130 WEST 78TH STREET ASSOCIATES, L.P.


271 A.D.2d 356 (2000)

707 N.Y.S.2d 82

JAN REYNOLDS, Appellant, v. 130 WEST 78TH STREET ASSOCIATES, L.P., et al., Respondents.

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

Decided April 25, 2000.


Plaintiff's motion to restore her action to the calendar was properly denied since plaintiff failed to rebut the presumption of intentional abandonment under CPLR 3404 arising from her failure to move to restore the case to the calendar for more than one year after it was marked off in April 1997 after a failure to appear at a conference (see, Almanzar v Rye Ridge Realty Co., 249 A.D.2d 128, 129). Plaintiff took no action whatsoever...

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