LOFREDO v. CMC HEALTH SERVS.


189 Misc.2d 781 (2001)

735 N.Y.S.2d 909

JEROME LoFREDO, Respondent, v. CMC OCCUPATIONAL HEALTH SERVICES, P. C., Doing Business as KENNEDY MEDICAL OFICES, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

October 23, 2001.


Attorney(s) appearing for the Case

Ellenberg & Hutson, L. L. P., New York City (Suzanne Rapisarda of counsel), for appellant.

No appearance for respondent.

PATTERSON, J. P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

The instant case was struck from the calendar on June 11, 1998 pursuant to 22 NYCRR 208.14 (b) (3). On August 31, 1999, the case was "dismissed" pursuant to "CPLR 3404." On or about January 27, 2000, plaintiff moved to restore the case pursuant to "CPLR 3404," which motion was granted. We affirm.

We note initially...

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