We restore plaintiff's causes of action alleging breach of warranty and breach of a settlement agreement, because the record shows that they were mistakenly dismissed, as well as mistakenly deemed to be withdrawn, when plaintiff moved to restore them on December 16, 1999 (see, CPLR 2001, 5019 [a]). Defendant was aware that the dismissal was in error, and will not be prejudiced by restoration. In addition, defendant has not shown that plaintiff's failure to furnish...
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