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LEONARDELLI v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK

288 A.D.2d 105 (2001)

733 N.Y.S.2d 391

JOSEPH LEONARDELLI, Appellant, v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, Respondent and Third-Party Plaintiff-Respondent. MEROLA ASSOCIATES, Third-Party Defendant-Respondent.

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

Decided November 20, 2001.

The motion court apparently assumed that the automatic dismissal of the action on August 3, 1999, pursuant to CPLR 3404, eliminated the court's discretion to consider restoring the case to the calendar, since it reasoned that there was no longer a matter currently before the court. This was incorrect.

Although a case which has been marked off or stricken from the calendar and not restored within one year is deemed abandoned...

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