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WAN LAM v. DAI SING CORPORATION

301 A.D.2d 581 (2003)

753 N.Y.S.2d 856

MO WAN LAM, Respondent, v. DAI SING CORPORATION et al., Appellants.

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

Decided January 21, 2003.

Ordered that the order is affirmed, with costs.

The Supreme Court should not have marked the case "off" the calendar based upon the plaintiff's failure to attend a compliance conference since CPLR 3404 should not be applied to prenote of issue cases (see Wasilewicz v Village of Monroe Police Dept., 288 A.D.2d 377; Lopez v Imperial Delivery Serv., 282 A.D.2d 190). Accordingly, the...

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