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MITCHELLTOWN APARTMENTS, INC. v. GMAC COMMERCIAL MORTGAGE CORPORATION

293 A.D.2d 340 (2002)

741 N.Y.S.2d 27

MITCHELLTOWN APARTMENTS, INC., Appellant, v. GMAC COMMERCIAL MORTGAGE CORPORATION, Respondent.

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

Decided April 16, 2002.

This action, asserting causes of action for fraud, breach of contract and negligence against defendant arising out of plaintiff's attempt to refinance six properties located in Nassau County, was marked off the calendar on or about August 7, 1998 for failure to appear at a calendar call and subsequently, on or about August 7, 1999, automatically dismissed pursuant to CPLR 3404. As set forth in his affidavit in support of the motion to restore, plaintiff's former attorney...

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