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PEREZ v. GERARDI

285 A.D.2d 454 (2001)

727 N.Y.S.2d 883

GREGORY A. PEREZ et al., Respondents, v. JOHN GERARDI, Defendant, and LAWRENCE GERARDI, Appellant.

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

Decided July 2, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The action should not have been marked off the trial calendar pursuant to CPLR 3404 when the plaintiffs failed to appear at a preliminary conference (see, Lopez v Imperial Delivery Serv., 282 A.D.2d 190). Accordingly, the Supreme Court properly granted the plaintiffs' motion to restore the action. Furthermore, the appellant's cross motion for summary...

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