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DOUGHERTY v. PANAMA JAKES AND HUGIF INDUSTRIES, INC.

293 A.D.2d 643 (2002)

740 N.Y.S.2d 649

RICHARD DOUGHERTY, Appellant, v. PANAMA JAKES AND HUGIF INDUSTRIES, INC., Doing Business as PANAMA JAKES, Defendant and Third-Party Plaintiff-Respondent, and OLIVER G. HENDRICKS, Respondent. VICTOR CHERABINO, Third-Party Defendant-Respondent.

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

Decided April 22, 2002.

Ordered that the order is affirmed, with costs.

In an order dated June 12, 2000, the Supreme Court, Nassau County, set July 7, 2000, as the deadline for the plaintiff to renew his motion to restore his case to the trial calendar. No such motion was made until September 2000. In seeking to vacate his default in complying with the court-imposed deadline, the plaintiff failed to provide a reasonable excuse for the failure to move on a timely basis (see Matter of C...

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