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MADFIS v. E.J. AUDI, INC.

280 A.D.2d 322 (2001)

720 N.Y.S.2d 143

MARJORIE MADFIS, Appellant, v. E.J. AUDI, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided February 8, 2001.

Plaintiff fails to show a meritorious cause of action warranting vacatur of the CPLR 3404 dismissal and restoration of the action to the calendar (see, Campbell v Crystal Realty Assocs. Ltd. Partnership, 276 A.D.2d 328). Plaintiff alleges that she sustained a fractured nose when she was hit by a falling bed canopy as she watched employees of third-party defendants attempt to make repairs to the bed she had recently purchased from...

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