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ALPERT v. WOLF

194 Misc.2d 126 (2002)

751 N.Y.S.2d 707

RONALD ALPERT et al., Plaintiffs, v. EDWIN WOLF, D.P.M., Defendant.

Civil Court, New York County.

October 1, 2002.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Christopher A. Terzian of counsel), for defendant.

Joelson & Rochkind, New York City (Maryann H. Lattner of counsel), for plaintiffs.

OPINION OF THE COURT

EILEEN A. RAKOWER, J.

Defendant moves the court for an order pursuant to CPLR 2221 for leave to reargue and renew his motion to dismiss for plaintiffs' failure to prosecute this action, which was previously denied on July 19, 2001. Defendant bases this motion on the fact that plaintiffs materially misrepresented their readiness for trial at the time of the initial motion, and that they still are not ready to proceed.

When the...

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