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STRASSER v. PRUDENTIAL SECURITIES INCORPORATED

2 A.D.3d 239 (2003)

769 N.Y.S.2d 247

EDWARD M. STRASSER et al., Appellants, v. PRUDENTIAL SECURITIES INCORPORATED et al., Respondents, et al., Defendant.

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

December 16, 2003.

This action was commenced in 1992, dismissed in its entirety on the merits in 1993, and, on appeal to this Court, the dismissal was upheld in 1995, except as to a fraud claim which was reinstated (218 A.D.2d 526 [1995]). Our decision was promptly filed with Supreme Court and stamped "REMITTITUR," and the following month defendants answered the remaining claim. Thereafter, the action remained dormant for seven years until it was restored...

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