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KALYUSKIN v. RUDISEL

306 A.D.2d 246 (2003)

760 N.Y.S.2d 358

MIKHAIL KALYUSKIN et al., Appellants, v. GLORIA H. RUDISEL et al., Respondents. (And Another Action.)

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

Decided June 2, 2003.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A party seeking to restore a case to the trial calendar more than one year after it has been marked "off," and after it has been dismissed pursuant to CPLR 3404, must establish a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action...

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