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BASETTI v. NOUR

287 A.D.2d 126 (2001)

731 N.Y.S.2d 35

NARYAN BASETTI et al., Appellants, v. MOHAMED K. NOUR et al., Respondents.

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

October 1, 2001.

Attorney(s) appearing for the Case

Donner, Hariton & Berka, L. L. P., Bay Shore (Wm. David Johnson of counsel), for appellants.

Kelly, Rode & Kelly, L. L. P., Mineola (Cheryl M. Wendt of counsel), for Mohamed K. Nour and another, respondents.

Wortman, Fumuso, Kelly, Deverna & Snyder, L. L. P., Hauppauge (Scott G. Christesen of counsel), for J.U. Lim, respondent.

OPINION OF THE COURT

FEUERSTEIN, J.

In this case, we are called upon to determine the burden a plaintiff must satisfy in order to restore a case within one year after it has been marked "off" or struck from the trial calendar pursuant to CPLR 3404. Prior cases from this Court have applied varying standards for restoration focusing on the basis of the "off" marking. For the reasons that follow, we hold that those cases should no longer be followed because...

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