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RANGER INSURANCE v. SMITH

296 A.D.2d 391 (2002)

745 N.Y.S.2d 449

RANGER INSURANCE, as Subrogee of GLO GAS SERVICE OF ROME, INC., Respondent, v. BONNIE SMITH et al., Appellants.

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

Decided July 1, 2002.

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

Contrary to the defendants' contention, the plaintiff was not required to meet the standards applicable to a party seeking to restore an action to the trial calendar after it has been dismissed pursuant to CPLR 3404. Since there is no evidence that a note of issue placing the action on the trial calendar was filed (see CPLR 3402), the action could not be dismissed pursuant to CPLR 3404...

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