FELDMAN, MD, PC v. ALLSTATE


192 Misc.2d 43 (2002)

745 N.Y.S.2d 805

JULIUS FELDMAN, M.D., P.C., as Assignee of ERNEST DANIELS, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

March 14, 2002.


Attorney(s) appearing for the Case

Serpe, Andree & Kaufman, Huntington (Jonathan H. Kaufman of counsel), for appellant.

Silver, Glinkenhouse, Floumanhaft & Queen, Far Rockaway, for respondent.

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


OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and plaintiff's motion to restore the action to the trial calendar denied without prejudice to renewal upon proper papers.

22 NYCRR 208.14, governing calendar defaults, restorations and dismissals in the New York City Civil Court, provides in subdivision (c) in pertinent part as follows:

"Actions stricken from the calendar...

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