MILLER v. DUFFY


284 A.D.2d 380 (2001)

725 N.Y.S.2d 899

MARION MILLER et al., Appellants, v. JIM DUFFY et al., Respondents.

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

Decided June 11, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was to restore the action is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

When the plaintiffs failed to appear at a scheduled pretrial conference, the action was marked "off" and ultimately dismissed pursuant to CPLR 3404. In the order appealed from, the Supreme Court...

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