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TORRES v. NU-WAY MACHINERY CORPORATION CO., LTD.

296 A.D.2d 545 (2002)

745 N.Y.S.2d 703

LUIS TORRES et al., Appellants, v. NU-WAY MACHINERY CORPORATION CO., LTD., et al., Respondents.

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

Decided July 22, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to "restore" the action is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

The Supreme Court erred when it denied the plaintiffs' motion to restore this action. This Court has held that CPLR 3404 was inapplicable to pre-note of issue cases (see Lopez v Imperial Delivery Serv.,

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