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SMITH v. AVIS RENT A CAR SYSTEM, INC.

308 A.D.2d 573 (2003)

764 N.Y.S.2d 728

ANTONI SMITH, Appellant, v. AVIS RENT A CAR SYSTEM, INC., et al., Respondents.

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

Decided September 29, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the cross motion is granted.

This case was struck from the trial calendar on January 26, 1999. Within one year, the plaintiff moved to restore the case to the trial calendar. On July 16, 1999, the Supreme Court, Queens County (Milano, J.), granted the plaintiff's motion and directed the "Clerk of the Court" to restore the case to the trial calendar. The order contained no further...

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