SMITH v. KESSNER


307 A.D.2d 854 (2003)

763 N.Y.S.2d 615

R. GENE SMITH et al., Appellants, v. NEIL H. KESSNER et al., Respondents, et al., Defendants.

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

Decided August 21, 2003.


Plaintiffs moved on April 13, 2001 to serve a second amended complaint pursuant to CPLR 3025 (b) and "to restore the action to the trial calendar" even though their action had not been stricken from the calendar, but rather had been dismissed at a preliminary conference on December 12, 2000 for failure to serve their second amended complaint pursuant to the court's order of November 9, 1999 and the parties' stipulation dated October 13, 2000. The court denied plaintiffs'...

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