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LICHTMAN v. MOUNT JUDAH CEMETERY, INC.

2 A.D.3d 354 (2003)

768 N.Y.S.2d 826

MICHAEL LICHTMAN, Appellant, v. MOUNT JUDAH CEMETERY, INC., et al., Respondents, et al., Defendants.

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

December 30, 2003.

This case was initially dismissed for plaintiff's failure to comply with court orders for discovery and the filing of a note of issue, rather than for abandonment of prosecution (cf. Johnson v Minskoff & Sons, 287 A.D.2d 233 [2001]). In rejecting prior efforts to restore the case to the calendar, this Court has noted the absence of merit to plaintiff's claims (269 A.D.2d 319 [2000], lv denied...

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